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Home My WebLink AboutAgenda - 04-14-1994 - C-1 ORANGE COUNTY BOARD OF COMIVIISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 14, 1994 Action Agenda Item # C 1 SUBJECT: AMERICAN STONE COMPANY REQUEST TO AMEND THE JOINT PLANNING AREA LAND USE PLAN AND ORANGE COUNTY COMPREHENSIVE PLAN DEPARTMENT: PLANNING PUBLIC HEARING: —X—YES NO ATTACHMENT(S) : INFORMATION CONTACT: - Joint Staff Evaluation Gene Bell, Ext. 2589 - Application Materials Marvin Collins, Ext. 2592 - 10-14-93 Public Hearing Minutes - 3-24-94 Letter from Paxton Badham TELEPHONE NUMBERS: - 10-10-91 Public Hearing Minutes Hillsborough - 732-8181 Chapel Hill - 967-9251 Durham - 688-7331 Mebane - 227-2031 PURPOSE: To receive public comment on a request to amend the Joint Planning Area Land Use Plan and Land Use Element of the Orange County Comprehensive Plan. BACKGROUND: Applications have been received to amend the JPA Land Use Plan and the Land Use Element of the Orange County Comprehensive Plan. They are referenced as JPA-1-94 and CP-1-94. They are submitted on behalf of American Stone Company, the Orange Water and Sewer Authority (OWASA) , and Philip and Alice Durham. The subject area is composed of five properties referenced as Chapel Hill Township Tax Map 112, lot 31A and Bingham Township, Tax Map 28, lots 8A (part) , 9B, 9C, and 9E. The subject area contains approximately 208 acres and is located north of NC 54 at the intersection of Bethel-Hickory Grove Church Road. The proposed amendments which will be considered jointly are summarized as follows: JPA-1-94 requests expansion of the extractive use plan category as contained in the JPA Land Use Plan. The extractive use category encompasses mining and quarry operations. Currently Bingham Township, Tax Map 28, lot 9B is the only property so designated. The amendment application requests 004 that the extractive use category be extended to the remaining properties. Amendments to the JPA Land use Plan require the unanimous approval of Chapel hill, Carrboro, and Orange County as specified in the Joint Planning Agreement. CP-1-94 requests the establishment of a rural industrial activity node covering the subject properties. A rural industrial activity node is land focused on designated road intersections in the rural areas that is appropriate for small scale industrial uses which do not require urban- type services. Such an amendment requires only the approval of the Orange County Commissioners. Almost identical amendments, JPA-1-91 and CP-3-91, were considered at a Joint Public Hearing on October 10, 1991. Concern with potential environmental impacts was raised during the public hearing process. Two particular areas of concern _ dealt with the proposed relocation of an existing asphalt plant (currently located on lot 9E, Bingham Township Tax Map 28) and the effects of blasting on surrounding properties. Though not a requirement of the plan amendment process, the applicants chose to prepare and submit an Environmental Impact Statement (EIS) as specified in the Orange County Environmental Impact Ordinance. The EIS was presented at a JPA Public Hearing held on October 14, 1993. Since that hearing, the applicants have decided to withdraw the proposal for relocating the asphalt plant. A letter to that effect from David M. Rooks, III, dated March 17, 1994 is included with the application materials. Minutes of the October 14, 1993 and October 10, 1991 public hearings are also included as attachments separate from the application materials and staff evaluation. Finally, a letter from Paxton Badham dated March 24, 2994 which responds to residents' concerns expressed in the minutes is attached. RECOMMENDATION= The Orange County, Chapel Hill, and Carrboro Planning staffs recommend approval of the proposed amendments as contained in the attached analysis. Following conclusion of the public hearing, the matter should be referred to the towns of Chapel Hill and Carrboro for decision and then to the Orange County Planning Board for a recommendation to the Orange .County Commissioners. A proposed schedule for consideration is as follows: i of�? Chapel Hill May 10, 1994 - Planning Board Recommendation May 23 , 1994 - Town Council Decision Carrboro May 5, 1994 - Planning Board Recommendation May 17, 1994 - Board of Aldermen Decision Orange County June 20, 1994 - Planning Board Recommendation August 8, 1994 - County Commissioners Decision 006 -NORTHEN--. BLUE. ROOKS, THIBAUT,A-NDERSON & WOODS ATTORNEYS AT LAw 100 EUROPA DRIVE SUITE 550 JOHN A. NORTHEN CHAPEL HILL,NORTH CAROLINA 27514 MAILING ADDRESS: J. WILLIAM BLUE, JR. P. O. BOX 2208 DAVID M. ROOKS, III CHAPEL HILL,NC 275:5-2208 C)"ARLES H.THIBAUT CHARLES T. L. ANDERSON JO ANN RAGAZZO WOODS TELEPHONE (919) 968-4441 CAROL J. HOLCOMB TELEFAX(919) 942-6603 JAMES C. STANFORD April 6, 1994 CHERYL Y. CAPRON GREGORY HERMAN-GIDDENS Mr. Gene Bell Orange County Planning Department 306F Revere Road Hillsborough, N 27278 Re: American Stone Application (JPA-1-94 and CP-1-94) Dear Gene: In light of the amendment to the foregoing application deleting the new asphalt plant, it is no longer necessary to redesignate tax map lot number 7.112..31A as Extractive Use and by this letter I so amend the application. Please call me if you have any questions. Sincerely, NORTHEN, BLUE, ROOKS, THIBAUT, ANDERSON & WOODS NDa d . ooks, III DMR/tpj cc: Mr. Paxton Badham Mr. Everett Billingsley SEE MAP 299 t \ : ,.,3,;:• ' iHA� Ilp: JPA-1-94 and CP-1-94 .az�c. , O (GEORGE TATE JR? 657 i. 1SEC4 RL''QUEST TO AMEND JPA LAND USE PLAN TO I j440 -- — "—' s2AC. 1 12- 32A . EXTRAC9'IVE USE AND ORANGE COUNTY I _ _ESTER 0 t— __,_,T 9 9443 COMPRL.HENSIVE PLAN '1'O RURAL INDUSTRIAL 7 6 26 AC CAL. i �� ' Iq,►g AC ACTIVITY NODE. ' . 1216 ! 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"a;n':':-„a t� "�.� ::.r::ir:::::.:r.:=:Y:i!::r.::e:�........:::::.!e"':!?fi::::,:t:�.;:•.!!t;:;?.ir.!!,.t.µ:!^!1� _ �___.__._,.-- Q• ... ,1 9271 AC, h �� 8110 I SEE O 322 29 I MAP 112 AA . _ �� ' TOWNSHIP L_ C11APEL HILL TOWNSHIP BINGHAM I 7 TAX MAP 2 8 i TAX MAP 112 i '�?09 M E M O R A N D U M TO: ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO BOARD OF ALDERMEN ORANGE COUNTY PLANNING BOARD ORANGE COUNTY MANAGER CHAPEL HILL TOWN MANAGER CARRBORO TOWN MANAGER FROM: ORANGE COUNTY PLANNING STAFF TOWN OF CHAPEL HILL PLANNING STAFF TOWN OF CARRBORO PLANNING STAFF RE: JPA-1-94 and CP-1-94, American Stone Company, Orange Water i Sewer Authority, and Philip and Alice Durham DATE: APRIL 7, 1994 ----------------------------------------------------------------- BACKGROUND These proposed amendments to the Joint Planning Area Land Use Plan (JPA-1-94) and Land Use Element - Orange County Comprehensive Plan (CP-1-94) were first considered on October 10, 1991. The requested amendments remain relatively unchanged from those presented in 1991 with one important distinction; the relocation of the existing asphalt plant proposed at that time is no longer part of the application. The applicants have submitted a letter to this effect dated March 17, 1994. Under the terms of an agreement with the Orange Water and Sewer Authority, the existing asphalt plant will be allowed to remain in operation until May 2000 after which time its use will permanently cease. GENERAL DESCRIPTION The property in question is located in Chapel Hill and Bingham Townships along the northern side of NC 54, both east and west of its intersection with Bethel-Hickory Grove Church Road. The total proposal consists of 207.64 acres. The subject area contains five individual properties identified in the following table. The format for property identification is TOWNSHIP.TAX MAP.BLOCK.LOT (". ." signifies no block designation) . Township codes are 6 for Bingham and 7 for Chapel Hill. 1 010 PROPERTY MAP ACREAGE PLAN CATEGORY (RURAL BUFFER) 1) 7.112. .31A 42.67 Rural Res. /Resource Protection 2) 6.28. .SA 5.00* Rural Res. /Resource Protection 3) 6.28. .9B 84.77 Extractive Use 4) 6.28. .9C 15.20 Rural Residential 5) 6.28. .9E 60.00 Public/Private Open Space Total 207.64 acres * - Split property, acreage calculated from tax map. This amendment is a request to amend the Joint Planning Area (JPA) Land Use Plan and the Land Use Element of the Orange County Comprehensive Plan. The requests are referenced -as JPA-1-94 a.nd CP-1-94. JPA-1-94 requests expansion of the extractive use plan category as contained in the JPA Land Use Plan. The extractive use category encompasses mining and quarry operations. Currently Bingham Township, Tax Map 28, lot 9B is the only property so designated. American Stone Company leases this property from Philip and Alice Durham and operates an existing quarry there under a Special Use Permit issued October 23 , 1981. Parcel 6.28. .9E is currently owned by the Orange Water and Sewer Authority (OWASA) , and was at one time a quarry as well. With the closing of this quarry, OWASA obtained the site to be used as an emergency backup water source. The storage capacity of this quarry reservoir is 200 million gallons with a safe yield of 0.5 million gallons per day (mgd) . Finally, it should be noted that if this (and subsequent) application is approved, Bethel-Hickory Grove Church Road will ultimately be relocated (at applicant's expense) east of its current alignment. The JPA amendment application requests that the extractive use category be extended to the remaining properties. Amendments to the JPA Land Use Plan require the unanimous approval of Chapel Hill, Carrboro, and Orange County as specified in the Joint Planning Agreement. CP-1-94 requests the establishment of a Rural Industrial Activity Node covering the subject properties. A Rural Industrial Activity Node is land focused on designated road intersections in the rural areas that is appropriate for small scale industrial uses which do not require urban-type services. Such an amendment requires only the approval of the Orange County Commissioners This proposal falls within the jurisdiction of the Joint Planning Area for Orange County, Chapel Hill, and Carrboro. Accordingly, 2 I I i 1 all of this area is currently designated and zoned Rural Buffer and University Lake Watershed in the Joint Planning Area Land Use Plan. Historical Perspective Currently there are three existing land uses relevant to this proposal: 1. The former American Stone Quarry (1969-1978) located on property 6.28. .9E. This quarry is now an OWASA reservoir. 2. The current American Stone Quarry on property 6.28. .9B, which began operation in 1979. 3. An existing asphalt plant operated by Nello L. Teer Company, on property 6.28. .9E. The original (former) American Stone quarry came into existence in 1969, prior to the existence of zoning in Bingham Township. This quarry was in operation until 1978. In 1979, OWASA obtained the former quarry as a backup water supply reservoir, for which it is currently used. American Stone began operation at the current-quarry site in 1977. Orange County public hearing minutes from October 6, 1981 indicate that the quarry complied with state and federal regulations in place at the time for new quarrying operations. The enaction of zoning for Bingham Township on September 2, 1981 required the approval of a Special Use Permit for all quarrying operations. Around the time of adoption of zoning, American Stone applied for a Special Use Permit in order to make the quarry use consistent with adopted zoning. Company representatives indicated on October 6, 1981 that they had only become aware of the proposed Zoning Ordinance for Bingham in 1979, two years after beginning operation at the current site. The Special Use Permit for the current quarry was approved by the Board of Commissioners on October 23, 1981. On May 10, 1990, a four-party agreement between the three petitioners and Nello L. Teer was signed that will transfer ownership of the current quarry to OWASA when anticipated quarrying r ends by the yea2030. OWASA plans to utilize the current quarry as a supplementary reservoir in conjunction with the existing stone quarry reservoir. The expanded quarry reservoir will have a capacity of three billion gallons to be filled by a combination of runoff and pumped raw water from Cane Creek reservoir. Three other activities are planned as an overall project through the 1990 agreement. First, OWASA will acquire an additional 100- acre buffer area around the proposed reservoir. In addition, Bethel-Hickory Grove Church Road would be relocated east of the 3 012 existing reservoir by American Stone. Finally, Nello L. Teer Company will terminate use of the existing asphalt plant located adjacent to the former quarry (reservoir) in May 2000. To obtain the required zoning and special use permit for quarry expansion, the applicants were advised that they would first have to pursue amendments to the Joint Planning Area Land Use Plan and Land Use Element of the Orange County Comprehensive Plan. Applications JPA-1-91 (expansion of the extractive use category) and CP-3-91 (creation of a rural industrial activity node) were submitted by the applicants and presented at public hearing on October 10, 1991. Concern with potential environmental impacts was raised during the public hearing process. Two particular areas of concern dealt with the proposed relocation of the existing asphalt plant (currently located on lot 9E, Bingham Township Tax Map 28) and the effects of blasting on surrounding properties. Though not a requirement of the plan amendment process, the applicants chose to prepare and submit an Environmental Impact Statement (EIS) as specified in the Orange County Environmental Impact Ordinance. The EIS was presented at a JPA public hearing on October 14, 1993. Since that hearing, the applicants have decided to withdraw the proposal for relocating the asphalt plant and have provided documentation of their efforts to address impacts on surrounding properties. Findings of the EIS will be cited, as appropriate, in the evaluation of the application. APPLICATION REQUIREMENTS Application requirements for an amendment to the Orange County Comprehensive Plan are contained in Articles 2 and 20 of the Orange County Zoning Ordinance. Although this proposed amendment is to the Joint Planning Area Land Use Plan, it falls within the Rural Buffer area in which provisions of the Orange County Zoning Ordinance are in effect. Listed below are the application requirements, with analysis of information supplied by the applicant (shown in bold) . 1. Article 2.2.14 states the reasons for which the Comprehensive Plan may be amended. a. Because of changed or changing conditions in a particular area or areas of the County; The applicant states that the continued growth in southern Orange County has placed a premium on the location and development of sources of drinking pater and this is the principal changing condition which makes the proposed amendment reasonably necessary. The applicant describes changing conditions as follows: 4 t r � 13 1. The scarcity of suitable sources of high quality water to serve the growing needs of southern Orange County. 2. The availability of stone at a site conveniently located for public and private construction projects in southern Orange County. 3. The provision of hot mix asphalt within reasonable hauling distance of the local market area. (In that the applicants have withdrawn the proposal for asphalt plant relocation, this condition is significant only to May 2000 when the existing asphalt plant will be removed) . b. To correct an error or omission in the Comprehensive Plan; or No error or omission in the Comprehensive Plan has been cited. C. In response to a change in policies, objectives, principles or standards governing the physical development of the County. No change in policies, objectives, principles or standards has been cited. 2. Article 2.2.14.2 differentiates between principal and secondary amendments. Principal amendments include: a. Additions to or modification of policies, objectives, principles or standards; The applicant states that no change in policies has been made in the initial plan. This request is based on changing conditions only. b. The creation of new activity nodes or additions to existing activity nodes which exceed ten (10) acres in land area; or This request Would create a new activity node at the relocated Bethel-Hickory Grove Church Road and NC 54 intersection. This node would not be an expansion of an existing node. The proposed amendment is therefore, a principal amendment to the Comprehensive Plan and the JPA Plan. 5 014 C. Proposals for new freestanding plan areas or additions to existing areas that exceed one hundred (100) acres of land area. This request would also expand the Extractive Use designation by over 100 acres, qualifying it as a principal amendment to both plans. 3 . Article 20. 3 .2 also requires the submission of the following additional information: a. A fully dimensioned map at a scale of not less than one hundred (100) feet to the inch showing the land which would be covered by the proposed Comprehensive Plan amendment, and a legal description of the land; The applicant has submitted this information. b. The manner in which the proposed amendment will carry out the intent and purpose of the adopted Comprehensive Plan. The applicant cites that the proposed change to the Joint Planning Area Land Use Plan and Land Use Element of the Comprehensive Plan would appear to conform to the objectives and policies contained in section 3.5 of the Comprehensive Plan. The applicant cites the following: Goal Ten ("Clean and safe water supplies available and adequate to meet future needs of the residents of orange County") , would be advanced by providing an expanded reservoir with the capacity to store up to three billion gallons of excess Cane Creek water. The site is conveniently located adjacent to OWASA's raw water transmission main between the Cane Creek Reservoir and OWASA's water treatment plant. Applicant states that this additional capacity can be obtained without acquiring any new agricultural property, consistent with Goal Seven ("Continued use of agricultural land and the preservation of the farming way of life") The applicant additionally states that the proposal also promotes Goal Six ("Economic development which meets local needs protecting the natural environment") by continuing a quarry operation that provides additional tax revenues and employment opportunities, both directly and indirectly. The 6 expanded storage reservoir will provide additional high quality water for the community at little capital cost to the public. Finally, the proposal is described as advancing Goal Number One of the Comprehensive Plan ("To conserve the County's natural environment through means which are equitable to all citizens of Orange County") by using a mutually beneficial public/private easement to transform a business enterprise into a public water supply reservoir. COMPARISON WITH LOCATION STANDARDS In an analysis of a Comprehensive Plan amendment, the requested designation is evaluated for compatibility with% the applicable Locational Criteria in section 3 .4 of the Land Use Element of the Comprehensive Plan. In the table below, COMPLIES means that the area being evaluated is compatible with the locational criterion. DOES NOT COMPLY means that it is not. Additional explanation is provided where the response is not clear cut. The following section analyses the Extractive Use portion of the property against locational criteria, again with an assessment of how the area complies. EXTRACTIVE USES SLOPE. Located on land with slopes of less than 15%. COMPLIES. Topographic mapping of the area indicates that the majority of this property was slightly sloped before development began. Moderate to steep slopes were evident along the banks of Phil's Creek, which originally crossed this site in a northwest to southeast direction. The original features of the area have been drastically altered by the existing extractive land use. Topography has been altered to divert the majority of all runoff into the quarry area. The alignment of Phil's Creek has been changed from its original course diagonally crossing the site from northwest to southeast to the perimeter of the site. HYDROLOGY. Located outside water supply watersheds where runoff might affect water quality. OUESTIONABLE. This site is located within the University Lake Watershed, and falls under the provisions of the University Lake Watershed Ordinance. The extractive land uses were operating prior to the enactment of the watershed ordinance, 7 ® 16 although any expansion of that operation should meet the requirements of the ordinance. Relative to runoff, the EIS states the following: Stormwater runoff from the existing crushed stone production and storage areas will be managed by onsite sedimentation basins and a closed loop recycle system, with any excess flows released to Phil's Creek pursuant to conditions set forth in the NPDES General permit issued by the North Carolina Environmental Management Commission. Runoff from the areas adjacent to the existing and expanded quarry pit will drain to the pit itself for recycle and/or release through this system. The expanded quarry operation is expected to have no adverse effects on water quality in Phil's Creek, OWASA's existing Stone Quarry Reservoir, or on the downstream University Lake water supply. Concerns about runoff from the existing asphalt plant have been addressed by the previously referenced four-party agreement. Under that agreement, construction of a concrete containment collar with an oil/water separator sump and a concrete pad at asphalt and fuel tanks for trucks transferring asphalt and fuel was required by May 1993. The Nello Teer Company made the required improvements by the specified date. FLORA AND FAUNA. Located away from sites that would, if developed, create a threat to unique or endangered species as identified by the state or federal government. COMPLIER. This site presents no threat to unique or endangered species (as identified by the state or federal government) if developed as proposed by the applicant. SOIL CONDITIONS. Located in areas where soil conditions and stability are suitable for extractive operations. COMPLIEE. The portion of the site west of Bethel-Hickory Grove Church Road is composed of Georgeville silt loam. This quarry provides fill for drainage fields for septic systems in the County. Georgeville soils pose no problems for future development. The remainder of the site east of Bethel-Hickory Grove Church Road is designated Pits, or an area where the soil has been removed by quarrying operations. 8 d d PUBLIC SERVICES/UTILITIES. Located in areas where urban-type services, especially water and sewer lines, are not needed and should be discouraged. COMPLIES. No water and sewer service extension is proposed for the Rural Buffer. On this basis, it. would appear that this request complies with the basic criterion of the PUBLIC SERVICES/UTILITIES section for both Rural Industrial Activity Node and Extractive Uses. The applicant intends to use this property as an expansion of an existing quarrying operation, with a proposed future use of a raw water storage facility once quarrying operations have ceased. TRANSPORTATION SYSTEM. Located on or near areas with access to roads that are designed for heavy vehicle operation. COMPLIES.• This site has access from NC 54 and Bethel-Hickory Grove Church Road, both designated Major Urban Thoroughfares on the Durham-Chapel Hill-Carrboro Thoroughfare Plan. The site fronts approximately 2200 feet along the north side of NC - S4# and approximately 2900 feet along the east side of Bethel- Hickory Grove Church Road and 3600 feet along the west side of Bethel-Hickory Grove Church Road. As part of this proposal, Bethel-Hickory Grove Church Road is to be realigned along the northern and eastern portions of the property to divert traffic away from the quarrying operations. Road relocation will be coordinated with the NCDOT. EXISTING LAND USE. Located in areas where the prevailing activity is agriculture, and outside of non-farm clusters of population. COMPLIES. This property is consistent with the requirements for existing land use for the Extractive Uses request. Currently, the predominant land use in this area is rural residential with some agricultural uses. This is typical of land uses within the Rural Buffer area (located in areas outside of Transition and Urban areas where prevailing uses are rural residential and agricultural in nature) . AGRICULTURE AND FORESTRY. See Existing Land Uses. COMPLIES. This site is currently developed as a quarry operation and a raw water storage facility. The rural residential, agricultural, and forestry uses which exist in the vicinity have continued and expanded while this quarry has been in operation. The applicant proposes to expand this quarry operation within the present site, providing buffering 9 w `s 01S where necessary to lessen development impact. POPULATION DENSITY. Located in areas of very low population density which is dispersed in a manner typical of rural areas. COMPLIES. This area is sparsely developed with single family homes and manufactured housing. HISTORIC AND CULTURAL. Located away from areas where extractive uses would have a detrimental impact on state or federally acknowledged historic/cultural sites or County-identified Public Interest Areas. COMPLIES. There are no state or federally acknowledged historic/cultural sites or County-identified Public Interest Areas in the vicinity of the proposed amendment. There are however, .2 churches, one cemetery, and one community site in the area as identified in the 1986 "Inventory of Sites of Cultural, Historical, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County". Hickory Grove Baptist Church and Bethel Baptist Church are located one-half mile northeast of the proposed operation. The Tarheel Sertoma Club and an unnamed cemetery are located approximately three-fourths of a mile west of this site. The following section analyses the Rural Industrial Activity Node portion of this property (CP-3-91) against locational criteria, again with an assessment of how the area complies. RURAL INDUSTRIAL ACTIVITY NODE SLOPE. Located on land with less than 15% slope. COMPLIES. Topographic mapping of the area indicates that the majority of this property was originally slightly sloped. The original features of the area have been drastically altered by the existing extractive land uses. Topography has been altered to divert the majority of all runoff into the quarry area. The alignment of Phil's Creek has been changed from its original course diagonally crossing the site from northwest to southeast to the perimeter of the site. HYDROLOGY. Located outside of 100-year flood prone areas as identified by the Corps of Engineers. QUESTIONABLE. Phil's Creek is shown on the 1983 FEMA floodplain maps as having a 100 year floodway approximately 10 . 200 feet in width, crossing the site as described under the slope section. The EIS states that the 100 year floodplain along Phil's Creek has an average width of 150 feet. It goes on to state that: A small area of existing flood plain associated with Phil's Creek may experience minor disruption during the introduction of culvert structures of the relocated roadway. Effects on floodplains will be minimal however due to the storage capacity of the quarry reservoir and the flood control benefits provided by the wetlands along Phil's Creek on both sides of existing SR 1104. Additional protection against flooding will be offered by the quarry pit itself. Any overflow from Phil's Creek would spill into the existing quarry pit. FLORA AND FAUNA. Located away from sites that would, if developed, create a threat to unique or endangered species as identified by the State or Federal government. COMPLIES. This site presents no threat to unique or endangered species (as identified by the state or federal government) if developed as proposed by the applicant. SOIL CONDITIONS. Located in areas where general soil conditions are suitable for on-site sewage disposal systems. COMPLIES. The portion of the site west of Bethel-Hickory Grove Church Road is composed of Georgeville silt loam. This quarry provides fill for drainage fields for septic systems in the County. Georgeville soils pose no problems for future development. The remainder of the site east of Bethel-Hickory Grove Church Road is designated Pits, or an area where the soil has been previously been removed by quarrying operations. PUBLIC SERVICE/UTILITIES. Located in areas that will not require urban-type services. COMPLIES. No water and sewer service extension is proposed for the rural buffer. On this basis, it would appear that this request complies with the basic criterion of the PUBLIC SERVICES/UTILITIES section for both Rural Industrial Activity Node and Extractive Uses. The applicant intends to use this property as an expansion of an existing quarrying operation, with a proposed future use of a raw water storage facility once quarrying operations have ceased. 11 f� U TRANSPORTATION SYSTEM. Focused on the intersection of arterial and/or collector highways and extending . 5 miles beyond such an intersection. COMPLIES. This site has access from NC 54 and Bethel-Hickory Grove Church Road, both designated Major urban Thoroughfares on the Durham-Chapel Hill-Carrboro Thoroughfare Plan. The site fronts approximately 2200 feet along the north side of NC 54, and approximately 2900 feet along the east side of Bethel- Hickory Grove Church Road and 3600 feet along the west side of Bethel-Hickory Grove Church Road. As part of this proposal, Bethel-Hickory Grove Church Road is to be realigned along the northern and eastern portions of the property to divert traffic away from the quarrying operations. ENERGY USE. Located at least five miles from another Rural Industrial Activity Node. COMPLIES. No other Rural Industrial Activity Nodes exist in the Rural Buffer. EXISTING LAND USE. Located in an area surrounded by rural, very low-density residential uses or agricultural uses. COMPLIES. This property is consistent with the requirements for existing land use for both the Rural Industrial Activity Node and Extractive Uses requests. Currently, the predominant land use in this area is rural residential with some agricultural uses. This is typical of land uses within the Rural Buffer area (located in areas outside of Transition and Urban areas where prevailing uses are rural residential and agricultural in nature) . AGRICULTURE AND FORESTRY. Located at sites within rural areas that would not unreasonably intrude upon the existing landscape character. COMPLIER. This site is currently developed as a quarry operation and a raw water storage facility. The rural residential, agricultural and forestry uses which exist in the vicinity have continued and expanded while this quarry has been in operation. The applicant proposes to expand this quarry operation within the present site. POPULATION DENSITY. Located in areas with a very low-density rural population. 12 t � t; COMPLIES. This area is sparsely developed with single family homes and manufactured housing. HISTORIC AND CULTURAL. Located away from areas where development would have a detrimental impact on state or federally acknowledged historic-cultural sites or County identified Public Interest Areas. COMPLIES. There are no state or federally acknowledged historic/cultural sites or County-identified Public Interest Areas in the vicinity of the proposed amendment. There are however, 2 churches, one cemetery, and one community site in the area as identified in the 1986 "Inventory of Sites of Cultural, Historical,.Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County". Hickory Grove Baptist Church and Bethel Baptist Church are located approximately one-half mile northeast of the proposed operation. The Tarheel Sertoma Club and an unnamed cemetery are approximately three-fourths of a mile west of this site. COMPATIBILITY OF AMENDMENT WITH EXISTING JPA POLICY The applicant has indicated that the amendment is not in response to a change in policies, objectives, principles or standards governing the physical development of the County. It is therefore appropriate to analyze the amendment within the framework of the Operating Principles of the Joint Planning Area Land Use Plan. These policy statements are listed on pages 52 and 53 of the Plan. As with the location standards analyses, COMPLIES means that the area being evaluated is compatible with the policy or policies. DOE8 NOT COMPLY means it is not. Additional explanation is provided where the response is not clear cut. OPEN SPACE 1) The existing open space system in Chapel Hill Township, which includes Duke Forest Lands, the UNC buffer around University Lake,. the Morgan Creek Wildlife area, and existing agricultural and forest land, should be protected from intrusion by incompatible land uses. (OC) QUESTIONABLE. The expansion of the quarry is a departure from the desired land uses within the Rural Buffer. However, it must be remembered that a quarry operation has existed on this site for a significant period, and the classification of Extractive Uses was created to accommodate this particular 13 022 use. It should also be noted that the proposal is not the "intrusion" of a new quarry into the area, but represents the connection of a former quarry (now reservoir) to an existing quarry. The applicant states that this use serves the rural community in providing fill for septic tank systems and that the expansion of this operation will be contained within the current site. UNIVERSITY LAKE WATERSHED 1) University Lake water supply watershed should be developed in a manner which will protect the quality of the water supply. Very low density residential, low intensity commercial, and agricultural land uses are appropriate in this area. (OC) 2) The University Lake Watershed should be protected for reasons of water quality; development should occur only at low densities, and water and sewer lines should not be extended into this watershed. (C) OUESTIONABLE. The Orange County Land Use Element states that ground water is the only supply available to persons in the vast majority of rural areas in the County. While ground water reserves are estimated to be quite large, the crystalline fractured rock of the Piedmont make ground water use impractical for most uses other than small scale residential development. This situation forces most urban areas in the Piedmont to rely almost exclusively on surface water reservoirs for public water supply. The Orange water and Sewer Authority (OWASA) , a co-petitioner for this amendment, was created in June 1975 by Orange County and the towns of Carrboro and Chapel Hill to purchase, operate, and develop the water and sewer system then owned by the University of North Carolina at Chapel Hill. The OWASA. system draws from two primary impoundments. University Lake, adjacent to Carrboro on the west, was constructed in 1932. Its current 20-year safe yield has decreased to 3.0 million gallons per day (mgd) due to accumulations of sediment. A 20-year safe yield means that for one year in twenty there will be some period for which a water source cannot supply a given amount of water. It is a widely accepted basis for evaluating and designing municipal water supply reservoirs. The Cane Creek Reservoir in Bingham Township was completed in 1989, and can provide the system with an additional 10 mgd. University Lake is augmented by 14 r1 ?�� raw water storage in the former American Store Quarry on NC 54 (site of this request) . The 20 year safe yield of the quarry is estimated at 0.5 mgd, giving OWASA a total current 20-year safe yield of 13.5 mgd (with Cane Creek Reservoir) . Because Orange County is at or near the headwaters of major drainage basins, the sub-basins from which county suppliers can draw are small. This results in potential reservoir yields that are, as best, modest. It is clear that Orange County does not have the sites with a potential to supply large amounts of water over long periods of time. Even with the Cane Creek Reservoir, the County as a whole could face a demand deficit before the year 2010. This proposal if approved, will provide approximately 3 billion gallons of storage capacity - more than five times the capacity of University Lake. In 1979, the orange County Board of Commissioners appointed the Water Resources Task Force, investing in it five charges: 1) defining water quality goals for Orange County; 2) reviewing water resources data and compiling an inventory of existing and potential reservoir sites; 3) developing, reviewing, and ranking watershed protection strategies; 4) preparing the water resources section of the County Land Use Plan; and, 5) recommending a long term water resources management plan for orange County. The Task Force Report recognized the existing quarry reservoir, but did not speak to the suitability of former quarries for water storage. Also, the report did not address the possibility of expanding the existing quarry operation to eventually connect with the quarry reservoir as is now being proposed. The protection of County water supply watersheds from point and non-point source pollutants through regulation and land use controls was a prominent recommendation of the task force and a focal point of the watershed plan which resulted. Non-point source pollution generations is a function of land use. As a watershed becomes increasingly urbanized, the activities which generate pollutants are increasingly present in the watershed. Increased impervious surface area, as seen in more developed areas, alters the relative magnitude of runoff and infiltration. This can negatively affect the water quality of streams flowing through urban areas. The petitioner states that the relocated asphalt plant would be designed and constructed with sophisticated environmental safeguards, as recommended by Camp Dresser McKee, OWASAIS watershed 15 InA consultant, and consistent with current environmental standards. The petitioners additionally state that runoff from operations can be controlled on site. HIGHER INTENSITY USES/TRANSITION AREAS 1) The more intensive uses are most appropriately located within the Towns and then the areas adjacent to the Towns likely to become urban. (OC) 2) A transition area should be designated, between existing developed areas and the rural buffer, as a target for new development to occur. (C) NOT APPLICABLE. This development is proposed to occur in the Rural Buffer. RURAL AREAS 1) The rural residential and agricultural character of the Township outside the Towns and adjacent transition areas should be maintained. (OC) OUESTIONABLE. The development on this site, both existing and proposed, must be closely monitored to prevent negative impacts on adjoining residential and agricultural land uses. The current uses on this site, due to their intensity, could negatively impact the surrounding rural area without controls offered under the Zoning Ordinance and the Rural Industrial Activity Node classification. The Land Use Element of the Comprehensive Plan, which designates the extractive use designation to the American Stone quarry operation, sought answers to the possible re-uses of this site in a manner acceptable to meet the Land Use Goals of the Joint Planning Area and the County. This site, if properly developed and monitored, may present a viable reuse option for the existing quarry and asphalt plant. 2) Rural lands currently existing between the Chapel Hill/Carrboro urban area and Hillsborough should be preserved. NOT APPLICABLE. This site does not lie between the Chapel Hill/Carrboro Urban area and Hillsborough. URBAN FORM 1) A compact form of development should be achieved avoiding urban sprawl. (OC) 16 022 5 2) The urbanizing areas of the Towns are the major growth centers of the Township. (C) NOT APPLICABLE. This development is proposed to occur in the Rural Buffer. UTILITY EXTENSION 1) The timing of utility extensions and the pace of growth should be coordinated. (C) 2) Water and sewer service should not be extended outside the boundaries of the Joint Planning Area. (C) COMPLIES. No water or sewer services are proposed to be extended inside the Rural Buffer. ALLOCATION OF GROWTH 1) Areas where public facilities and services are available should be developed before such areas where services are not yet available. (CH) NOT APPLICABLE. 2) To the maximum extent feasible, no "spillover" growth from the two Towns will occur in Chatham or Durham Counties or in Bingham Township. (OC) NOT APPLICABLE. 3) The area north of Town is assumed to be the most suitable for absorbing spillover because of transportation access, the large efficiently sewerable area below the Morgan Creek-New Hope divide, and existing growth patterns. (OC) NOT APPLICABLE. The properties are not in this area. 4) The Southern Triangle area will develop only after all the suitable land south of and between the Duke Forest tracts has been developed. (OC) NOT APPLICABLE. The properties are not in this area. 5) Duke Forest tracts will not be developed over the period 1980- 2000. (OC) NOT APPLICABLE. Duke Forest tracts are not involved. 17 AGENCY COMMENTS No agency comments have been received. RECOMMENDATION The proposed amendments request two different means to an end which we believe is in the public interest. Amendment JPA-1-94 requests an expansion of the Extractive Use designation currently applied in the JPA Plan to cover the expansion of the current quarry site. Amendment CP-1-94 is necessary to create a Rural Industrial Activity Node under the Orange County Comprehensive Plan which would make it possible to request the appropriate zoning for the property's proposed use. Both proposed amendments have been evaluated against the Locational Criteria from the Land Use Element of Comprehensive Plan, since JPA amendments are also inherently Comprehensive Plan amendments. The proposed Extractive Use expansion complies with nine of 10 criteria, with a "questionable" evaluation on the criterion relating to "Hydrology" impacts. The issue of hydrology is questionable because the criteria states that "Extractive Use" sites should be outside of water supply watersheds. As such, there are very real questions relating to the stringent University Lake Watershed standards and OWASA- commissioned Camp, Dresser and McKee Study regarding possible runoff from the expanded quarry. These concerns are largely addressed by the EIS, however, which indicates that runoff will drain to the quarry pit and be recycled or released downstream through approved means. Also, concerns about the existing asphalt plant have been addressed through the previously referenced four- party agreement-. Immediate concerns regarding runoff have been addressed by the construction of containment structures and long- term concerns are met by requiring removal of the plant by May 2000. Finally, staff recognizes that there is a balancing "public good" in this case that further mitigates hydrologic concerns. . The proposed Rural Industrial Activity Node complies with 10 of the same criteria, receiving a "Questionable" evaluation on "Hydrology". Rural Industrial Activity Nodes, according to the Land Use Element, should be located outside of 100-year flood-prone areas. The floodplain of Phil's Creek which is 150 - 200 feet in width crosses through the site. The EIS states that impacts on the flood plain will be minor and temporary as a result of placing culverts for the 18 relocation of SR 1104 . Beyond that it indicates that the OWASA quarry reservoir and existing quarry pit will provide flood control benefits by containing excess stormwater which would be released later at controlled rates. In applying the locational criteria for Extractive Use and Rural Industrial Activity Node, HYDROLOGY was the only criterion to receive a "QUESTIONABLE" evaluation. This alone is not justification for a negative recommendation. However, from the standpoint of the requested amendment, HYDROLOGY is arguably the single most important locational criterion. It is precisely for reasons such as this that there are other policy considerations that come into play in acting on such amendments under the JPA and Land Use Element. These considerations take into account the public interest; the health, safety and general welfare of Orange County citizens. In evaluating these amendments against the criteria, the "benefits" of guaranteed future water storage capacity - including safeguards contained in the four-party agreement - seem to outweigh the reservations associated with expanding the use within the watershed. The following water quality and visual mitigation measures identified in the EIS offer additional safeguards. Water Ouality - Minimizing soil exposure by the staging of grading and revegetation. - Interception and/or diversion of runoff. - Application of surface covers. - Installation of silt fences, erosion screens, and bale barriers. - Provision of grass shoulders, grass-lined ditches and vegetation buffers. - Maintain a 50 foot buffer between mining operations and Phil's Creek as required by the existing special use permit. Visual - Minimizing roadway cut and fill slopes. - Roadway alignment following the existing groundline wherever possible. - Landscape planting and natural revegetation to the cut and fill slopes. - Maintain landscape planting and natural vegetation in the quarry buffer zones. - Maintain the 300 foot buffer between extraction areas and residences and public lands as required by the existing special use permit. 19 02S Ultimately, the questions regarding this amendment deal with the public interest and the appropriateness of tradeoffs. Undoubtedly, the creation of an additional water supply source for OWASA will create a future public good, especially since the new quarry reservoir would be coming on-line around the year 2030 as projected water demand would be approaching the capacity of the existing system of reservoirs. As such, the joint staffs of Chapel Hill, Orange County and Carrboro concur with the "changed or changing conditions" cited by applicants and recommend approval of JPA-1-94 . Likewise, Orange County staff concurs with the "changes or changing conditions" cited by applicants and recommends approval of CP-1-94, with the knowledge that safety measures through the state and the County's Environmental Impact Ordinance will safeguard and greatly increase the likelihood that this proposal will result in a gain for all county and town residents. 20 i l NORTHEN, BLUE, ROOKS, THIBAUT, ANDERSON & WOODS ATTORNEYS AT LAW 100 EUROPA DRIVE SUITE 550 JOHN A. NORTHEN CHAPEL HILL,NORTH CAROLINA 27514 MAILING ADDRESS: J. WILLIAM BLUE,JR. P O. BOX 2208 DAVID M. ROOKS,III CHARLES H. THIBAUT CHAPEL HILL,NC 27515-2208 CHARLES T.L.ANDERSON 10 ANN RAGAZZO WOODS TELEPHONE (919% 968-4441 CAROL J. HOLCOMB TELEFAX 1919) 942-6603 . JAMES C. STANFORD March 17 1994 CHERYL Y. CARRON GREGORY HERMAN-GIDDENS Mr. Marvin Collins, Director Orange County Planning Department 306F Revere Road Hillsborough, NC 27278 Re: JPA-1-91 and CP-3-91 American Stone Company, Orange Water and Sewer Authority and Philip and Alice Durham Dear Mr. Collins: The applicants have authorized me to amend the application to delete the request to construct a new asphalt plant on the eastern side of the OWASA reservoir. The Nello Teer Company currently operates an asphalt plant on the east side of S.R. 1104 under an agreement with OWASA which allows Teer to operate the plant until May 10, 2000. Teer intends to continue to operate the existing plant through the balance of the term of its agreement with OWASA. Gene Bell of your office has asked me for American Stone's response to issues raised at the initial Joint Planning Area public hearing and the Commissioner's public hearing on the Environmental Impact Statement (EIS) submitted by American Stone. The principal issues raised at the hearing on the EIS had to do with the proposed new asphalt plant which I believe are fully addressed by the deletion of the plant from the application. There were also questions raised at both public hearings about vibration and noise. Under separate,cover, American Stone will be providing you with a narrative of its attempts to address the concerns expressed by individual property owners. 030 1ORTHEN, BLUE, RUOXS. THIBAUT, ANDERSON & WOODS Mr. Marvin Collins, Director March 17, 1994 Page 2 Please call me if you have any questions. Sincerely, NORTHEN, BLUE, ROOKS, THIBAUT, ANDERSON & WOODS s DaGid . Rooks, III DMR/tpj cc: Hon. Moses Cary, Chairman Mr. John Link Hon. Kenneth Broun, Mayor Mr. Roger Waldon Mr. Calvin Horton Hon. Eleanor Kinnaird, Mayor Mr. Roy Williford Mr. Robert Morgan Mr. Everett Billingsley Mr. Paxton Badham ORANGE COUNTY PLANNING DEPARTMENT 031 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 J 1' i December 14 , 1993 David M. Rooks, III Northen, Blue, Rooks, Thibaut, Anderson and Woods 100 Europa Drive Suite 550 Chapel Hill, NC 127514 Dear Mr. Rooks: Attached is a copy of the Joint Planning Area Public Hearing Schedule for 1994. The next JPA hearing has been scheduled for April 14, 1994 . ' The American Stone Quarry Land Use Plan Amendment has been placed on the agenda for that meeting. Please call me (extension 2583) or Gene Bell (extension 2589) if you have any additional questions. Sincere , Mary Willis Planner III .r_ 113 2 OD NORTHE\, BLUE, ROOKS, THIBAUT, -k- DERSON & WOODS ATTORICEYS AT LAW 100 EUROPA DRIVE SUITE 550 JOHN A. NORTHEN CHAPEL HILL,NORTH CAROLINA 27514 MAILING ADDRESS: J. WILLIAM BLUE,JR. DAVID M. ROOKS,111 P. O. BOX 2208 CHARLES H. THIBAUT CHAPEL HILL,NC 27 515-220 8 _ CHARLES T.L. ANDERSON JO ANN RAGAZZO WOODS CAROL J. HOLCOMB TELEPHONE f 9191 966-4441 JAMES C.STANFORD TELEFAX;9191 942-6603 CHERYL Y. CAPRON December 10, 1993 Mr. Marvin Collins Planning Director Orange County Planning Department 306F Revere Road Hillsborough, N. C. 27278 Re: American Stone Company Joint Planning Application Dear Marvin: Ed Holland at OWASA tells me it is your impression that we need to make a formal request for this item to appear on the agenda for the February Joint Planning Area Public Hearing. My understanding from Mary Willis is that the matter is already on the agenda for that meeting at the request of Chapel Hill and Carrboro for the purposes of updating all involved on developments since the initial hearing and to close the record. If the matter is not already on the agenda, please treat this letter as the applicants' request that it be placed on the agenda. Please call me if you have any questions. Sincerely, ks, III DMR/t h cc: Mr. Roger Waldon Mr. Roy Williford Mr. Everett Billingsly Mr. R. Paxton Badham, Jr. r 034 �3 NORTHEN, BLUE, LITTLE, ROOKS, THIBAUT 8c ANDERSON ATTORNEYS AT LAW 100 EUROPA DRIVE SUITE 550 JOHN A.NORTHEN CHAPEL HILL,NORTH CAROLINA 27513 MOILING ADDRESS: J. WILLIAM BLUE,JR. J. ANDERSON LITTLE P 0• BOX 2208 DAVID M. ROOKS.ill CHAPEL HILL,NC 275!5-2208 CHARLES H. THIBAUT CHARLES T.L.ANDERSON JO ANN RAGAZZO WOODS £(9i9) 968-444. CAROL J. HOLCOMB AUguSt 19, 1991 ELE 19) 942-6603 JAMES C. STANFORD -AN u air Mr. R. Eugene Bell, AICP Orange County Planning Department 306F Revere Road Hillsborough, N. C. 27278 Re: Application of American Stone Company, Orange Water & Sewer Authority and Philip and Alice Durham to amend the Joint Area. Land Use Plan and the Comprehensive Plan Dear Mr. Bell: Thank you for your letter of August 13 , 1991. Please treat this letter as an amendment to the application filed on August 5, 1991. 1 The "Specific Data" section of the application should be amended to show the following: Township Tax Map/Block/Lot Bingham 28. .8A (approximately 5 acres) 28. .9B 28. .9C 28. .9E Chapel Hill 112. .31A The total acreage is 207.64 and the total square footage is 9,044,798.44. The project has a total frontage on N. C. 54 of 2,240 feet with a frontage on S. R. 1104 of 3, 600 feet on the west side and 2,920 feet on the east side. Under the "Request" section of the application, the Land Use Plan Category Designations requested should be amended to add "Extractive Use" to the Rural Industrial Activity Node already requested. I understand this is necessary for the purpose of amending the Joint Planning Area Land Use Plan. I have attached a revised legal description which takes the revised tax map designations into account. Please note that the description for TM 6.28. .8A includes only that portion of the lot which will be part of the project. 03h 'NORTHEN, BLUE, LITTLE, KOOKS, THI]BAUT & ANDERSON R. Eugene Bell August 19, 1991 Page 2 The section of the letter attached to the application entitled "Special conditions making the Proposal Reasonably Necessary" was an attempt to address the issue of what changing conditions in the area and in the County generally make the proposed amendment reasonably necessary. The critical point is that the continued growth in southern Orange County has placed a premium on the location and development of sources of drinking water and this is the principal changing condition which makes the proposed amendment reasonably necessary. I have advised American Stone Company of the application fee which I believe would be $1,198.20. American Stone will send a check in this amount directly to you. Please call me if you have any questions. Sincerely, DMR/tjh Enclosures cc: Mr. R. Paxton Badham, Jr. Mr. W. Everett Billingsley Mr. H. Wayne Phears 0 PROPERTY DESCRIPTION TM: 7. 112. . 31A BEGINNING at rock and pointers on the Old Bethel Church Road, small road, the Northeast corner of the Church property; running thence with the Church property and others South 22 Deg. East 22 chains to a stake in a branch; running thence down the said branch the following courses and distances; South 70 Deg. West 7 of a chain; South 87 Deg. West 2 chains, South 74 Deg. West 2 chains; South 42 Deg. West 1.50 chains; South 45 Deg. West 1. 60 chains; South 36 Deg. West 2. 60 chains and South 20 Deg. West 1 chain to an ash; thence along a branch South 41 Deg. 30 ' West 8. 60 chains running thence up a gully the following courses and distances; North 29 Deg. West 2.50 chains; North 13 Deg. West 1.70 chains; North 29 Deg. East 1.50 chains; North 3 Deg. East 1.5 chains; North 7 Deg. West 3 chains to the head of the gully; running thence North 26 Deg. West 7 'chains to the center of the old road the following courses and distances; North 60 Deg. East 2 .40 chains, North 56 Deg. East 2.50 chains; North 37 Deg. East 3 chains; North 21 Deg. East 5 chains; North 10 Deg. East 3 .50 chains; North 35 Deg. East 1 chain; North 50 Deg. East 2 chains and North 45 Deg. East 4 .80 chains to the beginning, containing 40 acres. TM: 6.28. .9C BEGINNING at an iron stake on the Southern margin of Bethel Church Road (SR 1104) , said stake being in the northeast corner of the Orange Water and Sewer Authority Property; running thence North 56 Deg. 20' 15" East 951.32 feet to an iron stake; running thence South 22 Deg. 26' 45" East 713.12 feet to a stake; running thence South 47 Deg. 48 ' West 88.68 feet to a stake; running thence South 47 Deg. 00' West 197.87 feet to a stake; running thence South 59 Deg. 14 ' West 165.00 feet to a stake; running thence South 70 Deg. 22 ' West 158.38 feet to a stake; being a control corner; running thence North 77 Deg. 04 ' 30" West 316.69 feet to a stake; running thence North 31 Deg. 41' 45" West 527. 15 feet to the point and place of BEGINNING, being 12.166 acres, more or less, and being all of the PROPERTY OF SAMUEL DAVID DURHAM as per plat and survey thereof by Robert J. Ayers, R.L.S. , dated October 29, 1982, revised March 16, 1983, and recorded in Plat Book 36 at Page 189, Orange County Registry, to which reference is hereby made for a more particular description of same. TM: 6.28. .9E BEGINNING in the property line on the southeast side of Bethel Church Road at the northwest corner of a 5.919 acre tract indicated on the map hereinafter referred to as S. David Durham, et ux, said point of beginning being 303.21 feet from a marker in the northern line of the right-of-way of N.C. Highway 54 and the eastern or 03S southeastern line of the right-of-way in the Bethel Church Road, and running thence from said point of beginning along the South and East line of the Bethel Church Road North 56 Deg. 20 ' 15" East 1999. 33 feet to an iron stake which is located at the southwest corner of a 15. 238 acre tract shown on the map as S. David Durham, et ux; thence along and with the southwest line of the property of S. David Durham, et ux, South 31 Deg. 41 ' 45" East 527. 15 feet to an iron stake; thence continuing along and with the southern line of the property of S. David Durham, et ux. , South 77 Deg. 04 ' 30 11 East 316. 69 feet to a control corner; thence the following courses and distances: South 20 Deg. 54 ' East 259. 43 feet to an iron stake; South 21 Deg. 42 ' 30" East 196.06 feet to an iron stake; South 0 Deg. 19 ' East 175.93 feet to an iron stake; South 02 Deg. 18 ' East 159.15 feet to an iron stake; South 26 Deg. 46 ' West 147. 32 feet to an iron stake; South 09 Deg. 50 ' East 113.25 feet to an iron stake; South 23 Deg. 25 ' West 188. 17 feet to an iron stake; South 53 Deg. 21' West 276. 68 feet to an iron stake; and South 22 Deg. 41' West 82 . 02 feet to an iron stake in the northern right-of-way of N.C. Highway 54; thence along and with the northern right-of- way of N.C. Highway 54 North 76 Deg. 37 ' 45" West 1420. 00 feet to an iron stake, the southeast corner of the 5.919 acre S. David Durham Tract as shown on the map hereinafter referred to; thence along and with the eastern line of said 5.919 acre tract North 0 Deg. 06 ' East 326.67 feet to an iron stake, the northeast corner of said 5.919 acre tract; thence along and with the northern line of said 5.919 acre tract North 75 Deg. 30' West 687.70 feet to an iron stake in the right-of-way of the east and south side of Bethel Church Road, the place and point of BEGINNING, and being parcels A and B, containing 60 acres as shown on a map entitled "ORANGE WATER AND SEWER AUTHORITY QUARRY RESERVOIR SITE" prepared by Ba1 lent ine-Ayers, Registered Land Surveyors and Engineers, dated March 16, 1979, revised March 27, 1979 and again revised May 7, 1979, and being filed and recorded in the office of the Register of Deeds of Orange County in Plat Book 30, page 168, to which said map and record reference is hereby made for a more accurate and complete description. TM: 6.28. .9B BEGINNING at a concrete monument at the northwest corner of the intersection between N.C. Highway 54 and State Road 1104 (Bethel Church Road) ; thence along the right of way of Highway 54 a curve to the left with a radius of 5752. 32 an arc distance of 185.32 feet to an iron stake; thence North 06 Deg. 38 ' 39" West 626.73 feet to an iron stake; thence North 12 Deg. 38 ' 16" East to the centerline of Phils Creek (an iron stake along Phils Creek being located 1685.75 feet in said direction) ; thence along and with the centerline of Phils Creek approximately the following courses and distances: South 85 Deg. 27' 54" East 125.07 feet to an iron stake; South 69 Deg. 52 ' 57" East 73.75 feet to an iron stake; South 38 Deg. 26' 33" East 176.56 feet to an iron stake; South 63 Deg. 36' 24" East 49.57 feet to an iron stake; South 19 Deg. 1411 15" East 150. 13 feet to an iron stake; South 58 Deg. 06' 30" East 139. 38 feet to an iron stake; North 31 Deg. 09 ' 26" East 83 . 69 feet to an iron stake; thence along the property line of American Stone Company North 04 Deg. 14 ' 08" East 923 . 62 feet to an iron stake; thence along the property now or formerly owned by George Tate, Jr. South 87 Deg. 11 ' 23" East 1650. 00 feet to an iron stake; thence along and with the property now or formerly owned by Alfred Cotten Perry south 26 Deg. 59 ' 56" East 688.92 feet to an iron pin in the right of way of State Road 1104; thence along said right of way South 51 Deg. 08 ' 49" West 3467 . 55 feet to a concrete monument, being the point and place of BEGINNING, and being approximately 100. 00 acres according to a survey by Southeastern Surveys, Inc. , James R. Hudson, R.L.S. , entitled "Property of Philip O'Day Durham and wife, Alice G. Durham and Mrs. Ivah J. Fanning Durham", dated July 1, 1976. TM: 6.28. .8A BEGINNING at a point in Phil 's Creek, the northeast corner -of the ..property of Philip and Alice Durham thence in a northeasterly direction approximately 480 feet to a point thence in an easterly direction approximate 280 feet to a point in the western line of the property of Philip Durham and Alice Durham, thence along the western line of the Durham property South 2 Deg. 48 ' 10" West approximately 447.99 feet to a stake; thence South 6 Deg. 35 ' 55" West 196.78 feet to an iron stake; thence South 30 Deg. 32 ' 10" West 83.71 feet to an iron stake in the northern margin of Phil's Creek; thence with the center line of Phil's Creek in a northwest direction a distance of approximately 720 feet to the point and place of beginning and being approximately 5 acres and being a portion of the 18.679 acre tract conveyed to American Stone Company by W. Erwin Yates and Nancy Yates. 040 EO+ N - 4 VT O 'o —1 fV s o O a3 (U - co O rn o W o U3 < n m coo Z a _ °z ° a _ Pp� N il�� U) -0)a m LLJ uj f-I n ri 0 co O U N d I J e J \ ` �y Cn Q v� D n f~ 1cy L S� _ A• 'P a-.•.yam f Z y � U G G D Q' „ rl (n Q 01 M r3 6 r: N ro•.i D \ Lr a•-) O 4 cn cn l to n m O Pf x . Ed ca W 0 f x m r v (U z _ x r~ r-+ N c I "� r+ ao � o cc G W a ¢ ari W - - - r1 I rn U C, G - U U _v,_'•_._, `:mss=� - a cq D !+3-'e»e:E: ,•;,nv!„i:::"i':::?s:�-�1_r"::e:e�"!'?::�c�`u s-`aiS:L:. V • 999PA�CaC egvr. :� : -- -_?uF.�c.. :..... =T:..p r. 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V O :ire �r m ..... ..... ..........:::::: - U O .Q (O \ » N f ....................................................... _ ............................................:::........... .............................................................. ................................................................. = u� ...................................................... O 1 ' 012 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 LAND USE PLAN AMENDMENT APPLICATION All persons requesting an amendment to the Land Use Plan of Orange County are required to complete the following application as completely as possible: OF. FICE USE ONLY UE ST S P - — I so C P AVG DATE RECEIVED: $-5-1991 I I Sew). �r[� YFD STAFF PERSON(S) RESPONSIBLE: GPne Bell,Oave Siunc► Uj GENERAL DATA: American Stone Company, Orange Water Property Owner(s) Name: anA Sewer Authority, Phi 1 i= and Al i r+a niirhaM Mailing Address: c/o David M. Rooks, P.0- Rnx 220R, rrTel Hill NC 2751J�08 Phone: (Home) (Work) Agent(s) Name: Did M. Rooks. III Mailing Address: P,O. Box 2208, Chanel Hill. N " 27515-22nR Phone: (919) 968-4441 ' SPECIFIC DATA: Tax Reference: Township Bingham Tax Map 28 Block Lot 9 and 98 Public/Private Road Name: NC 54 and Bethel Church Road Lot Size: Acreage 278 Square Footage 12 ,113,600 3 ,600- N.C. 54 Lot Frontage4 .080- E/s sR iTj,94 Depth 3 , 600- W/S SR 1104 Current Plan Category Designation(s) : General Rural Buffer Activity Node No Watershed Yes Joint Planning Area Yes REQUEST #LUP- SPECIFIC DATA (continued) : Describe Land Uses in the General Area: residential and agricultural On Adjacent Parcels of Land: residential and agricultural REQUEST: Land Use Plan Category Designation(s ) Requested: R,Sral Tna„etr; al Ar•tiVity Type of Amendment: Primary x y _ Secondar Node r should be submitted with the following materials : Fu dimensioned tax map on which is highlighted the parcel, rtion thereof, in question. egal description of the parcel, or portion thereof. Letter of request to include: o the tax reference, general location and owner of the parcel o the current and requested land use plan category designation(s) o a narrative stating the manner in which the proposed amendment will carry-out the intent and purpose of the adopted comprehensive plan or part thereof o a statement. of any other circumstances, factors and reasons which the applicant offers in support of the proposed amendment o statement of the changed or changing conditions in the area, or in the County generally, which make the proposed amendment reasonably necessary. I (We) , the undersigned, certify that all statements furnished in this application are true and to the best of. my (our) knowledge and that the application as submitted is complete. _ erican Stone Co,=any b : +, NAME OF APPLICANT SIGNATURE OF APO ICANT(S) Orange W and Sewer Authority 21101/ � DA E by: e Dir am PROPERTY DESCRIPTION TM: 7 . 112 . . 32 Situated on the Southeast side of the Bethel Church Road (N.C. Secondary Road No. 1104) and BEGINNING at a point in the centerline of said road, corner with Bethel Baptist Church; running thence with the Southern line of Bethel Baptist Church the following courses and distances: South 63 Deg. 27 ' East 414. 11 feet to an iron stake, South 64 Deg. 37 ' 50" East 576. 50 feet to an iron stake, and South 60 Deg. 21' 15" East 332 . 12 feet to an iron stake; running thence South 77 Deg. 27 ' 33" West 825.99 feet to an iron stake; running thence North 20 Deg. 53 ' 35" West 437.81 feet to an iron stake in the centerline of the old (abandoned) Chapel Hill- Greensboro Road; thence with the centerline of said old Chapel Hill-Greensboro Road the following courses and distances: South 47 Deg. 34 ' 32" West 226.97 feet to an iron stake, South 50 Deg. 21' 15" West 184.47 feet to an iron stake, South 35 Deg. 171 51" West 94.82 feet to an iron stake, South 11 Deg. 23 ' 58" West 187. 52 feet to an iron stake, South 19 Deg. of 5711 West 177. 30 feet to an iron stake, and South 21 Deg. 18 ' 49" West 154.86 feet to an iron stake in the line of the Orange Water and Sewer Authority; running thence with the East line of said Authority North 25 Deg. 44 ' 26" 806.56 feet to a point in the centerline of N.C. Secondary Road No. 1104; running thence with the centerline of S.R. 1104 North 53 Deg. 15 ' East 809.07 feet to the point and place of BEGINNING, containing 17.977 acres according to plat and survey of Robert J. Ayers, Surveyor, dated September 19, 1988, entitled "Property of George L. Wheless". TM: 7. 112. .31A BEGINNING at a stake located in the line of Carey W. Durham and in the north line of the 60' easement of N.C. State Highway 54; running thence from said beginning point along the western line of the property of Carey W. Durham North 4 Deg. 10' West 312 .40 feet to an iron at a cedar tree; running thence along the western line of the property of Carey W. Durham North 23 Deg. 46 ' West 66.0 feet to an iron located at a walnut tree stump and at the southwestern corner of the property of T.M. Greene; running thence along the line of the property of T.M. Greene North 34 Deg. 52 ' West 101.0 feet to a stake; running along the said western line of the property of T.M. Greene North 16 Deg. 02 ' West 81.82 feet to a stake located at the intersection of the eastern line of the property of S.D. Durham and the said western line of the property of T.M. Greene; running thence South 20 Deg. 50 ' West 188.25 feet to a stake; running thence South 50 Deg. 46' West 276. 68 feet to a stake located on the line of the property of S.D. Durham; running thence South 20 Deg. 06' West 82.02 feet to a stake located on the northern line of the 60 ' easement of N.C. State Highway 54; running thence with the said northern line of the 60' easement of N.C. 046 State Highway 54 452 . 04 feet to the point and place of BEGINNING, being the property of Jack Carlisle, according to the plat and survey of Sidney V. Credle, Registered Land Surveyor, dated October 6, 1978 . TM: 6. 28. . 9C BEGINNING at an iron stake on the Southern margin of Bethel Church Road (SR 1104) , said stake being in the northeast corner of the Orange Water and Sewer Authority Property; running thence North 56 Deg. 20' 15" East 951.32 feet to an iron stake; running thence South 22 Deg. 26 ' 45" East 713 . 12 feet to a stake; running thence South 47 Deg. 48 ' West 88. 68 feet to a stake; running thence South 47 Deg. 00 ' West 197.87 feet to a stake; running thence South 59 Deg. 14 ' West 165.00 feet to a stake; running thence South 70 Deg. 221 West 158.38 feet to a stake; being a control corner; running thence North 77 Deg. 04 ' 30" West 316. 69 feet to a stake; running thence North 31 Deg. 41 ' 45" West 527 . 15 feet to the point and place of BEGINNING, being 12. 166 acres, more or less, and being all of the PROPERTY OF SAMUEL DAVID DURHAM as per plat and survey thereof by Robert J. Ayers, R.L.S. , dated October 29, 1982, revised March 16, 1983, and recorded in Plat Book 36 at Page 189, Orange County Registry, to which reference is hereby made for a more particular description of same. EXCEPTING from said tract the following parcels of land: BEGINNING at an iron stake at the common corner of the Property of S.D. Durham and the Property of E.A. Brown on the southern margin of Bethel Church Road (SR 1104) , thence running South 24 Deg. 28 ' East 192.32 feet to an iron stake; running thence South 65 Deg. 12 ' West 174.55 feet to an iron stake; running thence North 33 Deg. 30' West 187.40 feet to an iron stake in the southern margin of Bethel Church Road; running thence North 33 Deg. 30' West 34 feet to the center line of Bethel Church Road; running thence with the center line of said road North 62 Deg. 53 ' East 210 feet to an iron stake; running thence South 24 Deg. 28 ' East 34 feet to the point and place of BEGINNING, being 0.99 acres, more or less. TM: 6.28. .9 BEGINNING at a stake in the southeastern edge of the 60 foot right of way of SR 1104 (Bethel Church Road) , the northwest corner of a 2.251 acre tract, said stake being North 56 Deg. 20' 15" East 25 feet from a stake in the edge of the right of way at the northeast corner of the Orange Water and Sewer Authority Property; running thence along and with the right of way of SR 1104 North 56 Deg. 20' 15" East 204 feet to an iron stake; running thence South 31 Deg. 41' 45" East 490 feet to a stake; running thence South 61 Deg. 23 ' 30" West 204.18 feet to a stake; running thence North 31 Deg. 41' 45" West 472.00 feet to the point and place of BEGINNING, being 2 . 251 acres, more or less. BEGINNING at an iron stake on the Southern margin of Bethel Church Road (SR 1104) in the westernmost corner of the Orange Water and Sewer Authority Property; running thence South 75 Deg. 30 ' East 687.70 feet to a stake; running thence South 0 Deg. 06 ' West 326. 67 feet to a stake on the northern margin of State Highway 54 ; running thence North 76 Deg. 37 ' 45" West 780. 19 feet along the northern margin of NC 54 to a stake; running thence North 42 Deg. 40 ' West 95. 33 feet to a stake; running thence in a northerly and clockwise direction along an arc having a radius of 375. 00 feet for a distance of 303.21 feet along the southern margin of Bethel Church Road to the point and place of BEGINNING, being 5.919 acres, more or less as per plat and survey of ORANGE WATER AND SEWER AUTHORITY QUARRY RESERVOIR SITE, by Robert J. Ayers, R.L.S. , dated March 16, 1979, and recorded in Plat Book 30 at Page 168, Orange County Registry, to which reference is hereby made for a more particular description of same. TM: 6.28. .9E BEGINNING in the property line on the southeast side of Bethel Church Road at the northwest corner of a 5.919 acre tract indicated on the map hereinafter referred to as S. David Durham, et ux, said point of beginning being 303.21 feet from a marker in the northern line of the right-of-way of N.C. Highway 54 and the eastern or southeastern line of the right-of-way in the Bethel Church Road, and running thence from said point of beginning along the South and East line of the Bethel Church Road North 56 Deg. 20 ' 15" East 1999.33 feet to an iron stake which is located at the southwest corner of a 15.238 acre tract shown on the map as S. David Durham, et ux; thence along and with the southwest line of the property of S. David Durham, et ux, South 31 Deg. 41' 45" East 527. 15 feet to an iron stake; thence continuing along and with the southern line of the property of S. David Durham, et ux. , South 77 Deg. 04 ' 30" East 316. 69 feet to a control corner; thence the following courses and distances: South 20 Deg. 54 ' East 259.43 feet to an iron stake; South 21 Deg. 42 ' 30" East 196.06 feet to an iron stake; South 0 Deg. 191 East 175.93 feet to an iron stake; South 02 Deg. 18 ' East 159. 15 feet to an iron stake; South 26 Deg. 46' West 147. 32 feet to an iron stake; South 09 Deg. 50' East 113.25 feet to an iron stake; South 23 Deg. 25' West 188. 17 feet to an iron stake; South 53 Deg. 21' West 276.68 feet to an iron stake; and South 22 Deg. 41' West 82.02 feet to an iron stake in the northern right-of-way of N.C. Highway 54; thence along and with the northern right-of- way of N.C. Highway 54 North 76 Deg. 37 ' 45" West 1420. 00 feet to an iron stake, the southeast corner of the 5.919 acre S. David Durham Tract as shown on the map hereinafter referred to; thence along and with the eastern line of said 5.919 acre tract North 0 Deg. 06' East 326.67 feet to an iron stake, the northeast corner of said 5.919 acre tract; thence along and with the northern line of said 5.919 acre tract North 75 Deg. 30' West 687.70 feet to an iron stake in the right-of-way of the east and south side of Bethel 048 Church Road, the place and point of BEGINNING, and being parcels A and B, containing 60 acres as shown on a map entitled "ORANGE WATER AND SEWER AUTHORITY QUARRY RESERVOIR SITE" prepared by Bel lent ine-Ayers, Registered Land Surveyors and Engineers, dated March 16, 1979, revised March 27, 1979 and again revised May 7, 1979, and being filed and recorded in the office of the Register of Deeds of Orange County in Plat Book 30, page 168, to which said map and record reference is hereby made for a more accurate and complete description. TM: 6.28. .9B BEGINNING at a concrete monument at the northwest corner of the intersection between N.C. Highway 54 and State Road 1104 (Bethel Church Road) ; thence along the right of way of Highway 54 a curve to the left with a radius of 5752 . 32 an arc distance of 185. 32 feet to an iron stake; thence North 06 Deg. 38 ' 39" West 626.73 feet to an iron stake; thence North 12 Deg. 38 ' 16" East to the centerline of Phils Creek (an iron stake along Phils Creek being located 1685.75 feet in said direction) ; thence along and with the centerline of Phils Creek approximately the following courses and distances: South 85 Deg. 274 5411 East 125. 07 feet to an iron stake; South 69 Deg. 52 ' 57" East 73 .75 feet to an iron stake; South 38 Deg. 26 ' 33" East 176. 56 feet to an iron stake; South 63 Deg. 36 ' 24" East 49.57 feet to an iron stake; South 19 Deg. 14 ' 15" East 150. 13 feet to an iron stake; South 58 Deg. 06 , 30" East 139.38 feet to an iron stake; North 31 Deg. 09 ' 26" East 83.69 feet to an iron stake; thence along the property line of American Stone Company North 04 Deg. 14 ' 08" East 923 . 62 feet to an iron stake; thence along the property now or formerly owned by George Tate, Jr. South 87 Deg. 111 23" East 1650.00 feet to an iron stake; thence along and with the property now or formerly owned by Alfred Cotten Perry south 26 Deg. 59 ' 56" East 688.92 feet to an iron pin in the right of way of State Road 1104; thence along said right of way South 51 Deg. 08 ' 49" West 3467.55 feet to a concrete monument, being the point and place of BEGINNING, and being approximately 100.00 acres according to a survey by Southeastern Surveys, Inc. , James R. Hudson, R.L.S. , entitled "Property of Philip O'Day Durham and wife, Alice G. Durham and Mrs. Ivah J. Fanning Durham", dated July 1, 1976. TM: 6.28. .8A BEGINNING at a stake in the eastern margin of Auburn Davis (Deed Book 117, Page 172, and Deed Book 209, Page 741, Orange County Registry) and the Southwest corner of David McCauley (Deed Book 181, Page 413 , Orange County Registry) running thence with the southern margin of David McCauley North 88 Deg. 47 ' East 508 feet and North 55 Deg. 58 ' 30" East 1046. 66 feet to a stake; running thence South 38 Deg. 46 ' 40" East 217.40 feet to an iron stake; thence South 02 Deg. 48 ' 10" West 727.99 feet to a stake; thence South 06 Deg. 35 ' 55" West 196.78 feet to an iron stake; thence South 30 Deg. 32 ' 10" West 83 .71 feet to an iron stake in the northern margin of Phil's Creek, thence with the center line of said Creek to a stake in the eastern margin of Auburn Davis, referenced by the following courses and distances: North 50 Deg. 04 ' 30" West 113 feet, North 30 Deg. 36 ' 50" West 163 .51 feet, North 64 Deg. 14 ' 30" West 49. 59 feet, North 39 Deg. 04 ' 30" West 176. 50 feet, North 70 Deg. 31" West 73 .75 feet, North 86 Deg. 06 ' 10" West 124. 98 feet, South 65 Deg. 44 ' 30" West 92 . 66 feet, South 25 Deg. 04 ' 10" West 83. 66 feet, South 43 Deg. 26 ' 30" West 66. 73 feet, North 86 Deg. 18 ' 10" West 188. 89 feet, North 67 Deg. 55 ' 10" West 105. 06 feet, South 59 Deg. 38 ' 40" West 127.76 feet, South 24 Deg. 28 ' 20" West 64.31 feet, North 83 Deg. 06 ' 00" West 145. 59 feet, South 47 Deg. 05 ' 50" West 70.87 feet, North 83 Deg. 18 ' 20" West 40. 38 feet and South 58 Deg. 26 ' West 72 .27 feet, running thence with the said eastern line of Auburn Davis North 2 Deg. 25 ' 10" East 459 feet to the point and place of BEGINNING and being 18.679 acres according to plat of Fulton and Associates, entitled Property of American Stone Co. , dated October 17, 1979. ' , � . , Cpl) 05 August 1, 1991 Mr. Marvin Collins Director, Orange County Planning Department 306F Revere Road Hillsborough, N. C. 27278 Re: American Stone Co. quarry - N. C. Highway 54 Dear Mr. Collins: This letter is submitted in support of our application to amend the Orange County Land Use Plan and the Joint Planning Area Land Use Plan to designate the area surrounding the existing American Stone Company quarry and Orange Water and Sewer Authority reservoir on N. C. 54 near S. R. 1104 as a Rural Industrial Activity Node where extractive uses are allowed. Identification of property. The tracts affected are at the intersection of S. R. 1104 (Bethel-Hickory Grove Church Rd. ) and N. C. 54, and are described on the attached map. The specific owners are as follows: Owner TM American Stone Company 7. 112. . 31A 7. 112 . .32 6.28. .8A 6.28. .9 6.28. .9C Orange Water and Sewer Authority 6.28. .9E Philip and Alice Durham 6,28. .95 Orange Water and Sewer Authority (OWASA) uses the old quarry pit on its property -conjunctively with University Lake to store excess water from the Cane Creek Reservoir. American Stone Company (American) leases a portion of the Durham property on the west side of S. R. 1104 where it operates an active a rock quarry. As an accessory to the quarry, Nello L. Teer Company (Teer) operates an asphalt plant on a portion of the OWASA property between OWASA's existing reservoir and American's active quarry. OWASA, American, Mr. and Mrs. Durham and Teer have entered into an agreement which, subject obtaining all relevant governmental approvals, calls for the relocation S.R. 1104 and the asphalt plant, which currently separate the reservoir and active quarry, Mr. Marvin Collins August 1, 1991 Page 2 to the eastern side of the site so American can expand the active quarry toward the OWASA reservoir. At the end of the quarry operation, but no later than 2029, the expanded quarry and an adjacent buffer will be conveyed automatically by operation of the contract to OWASA for use as an reservoir with additional storage capacity of up to three billion gallons- more than five times the capacity of University Lake. The relocated asphalt plant would be designed and constructed with sophisticated environmental safeguards, as specifically recommended by Camp Dresser and McKee, OWASA's watershed consultant, and consistent with current environmental standards. Current Land Use Category The property is located in the Rural Buffer and University Lake watershed, and is zoned accordingly. The Joint Planning Area Land Use Plan designates uses as public/private open space, resource protection, rural residential and extractive use. Proposed Land Use Category Applicants propose that the tract be designated as a Rural Industrial Activity Node in the Land Use Plan. Conformity with ses of the COMRrehensive Plan. The proposed designation would carry out the intent and purposes of the Land Use Plan by furthering specific goals set out in section 3.5 of the Plan. For Example, Goal ten ("Clean and safe water supplies available and adequate to meet future needs of the residents of Orange County") , would be advanced by providing an expanded reservoir with the capacity to store up to three billion gallons of excess Cane Creek water. The site is conveniently located adjacent to OWASA's raw water transmission main between the Cane Creek Reservoir and OWASA's water treatment plant. The fact that this additional capacity can be obtained without acquiring any new agricultural property is consistent with Goal Seven ("Continued use of agricultural land and the preservation of the farming way of life") . The proposal also promotes Goal Six ("Economic development which meets local needs while protecting the natural environment") by continuing a quarry operation that provides additional tax revenues and employment opportunities, both directly and 05 :1 Mr. Marvin Collins August 1, 1991 Page 3 indirectly. The expanded storage reservoir will provide additional high quality water for the community at little capital cost to the public. By using a mutually beneficial public/private easement to transform a business enterprise into a public water supply reservoir, the proposal advances Goal Number One of the Comprehensive Plan: "To conserve the County's natural environment through means which are equitable to all citizens of Orange County. " Special Conditions Making the Proposal Reasonably Necessary 1. The scarcity of suitable sources of high quality water to serve the growing needs of southern Orange County. 2. The availability of stone at a site conveniently located for public and private construction projects in southern Orange County. . 3. The provision of hot mix asphalt within reasonable hauling distance of the local market area. Summary This unique combination of circumstances, in which economic development and natural resource goals are mutually reinforcing, is a "win-win" opportunity with substantial benefits for the applicants and the community at large. Further documentation will demonstrate that economic and environmental costs to the community will be negligible. Sincerely, American Stone Company By: Oranges Water and Sewer Authority ZgeA4 P ' li �urhh'm_ Alice Durham 054 J +� O E _. Cu (D �4 L F+ N 4 t— o c -o 0) co CD P-1 o vi � o .0 CO � w n. ti N (n d r-q� O o ' O f-c z m o O O � < Q c d am <3 O p ca c E i- < O G T r-q r O ' Q 4-4 A Z O_4aC) O CW, O U G U • �- °• = c .J 0 i O. < Mi wm ••. ill, Fi � u rn yap." ' '� a) c Iii.er ,,-3f,1t -P co y c CL 0 �FF• h00 1 C�" T �� , AAA ♦ O *' � r••i �, t� r ro T co t •'� bO < L'1 O Al (n c ti " !� a o < a_ (n M m X or O - X N r-4 it o O g / O�`J /• g W N E F-• CO C4 C J O ` �� Z U4.) y M LU s • �•r,w:txcxr�txcexnr••.. •. ..... _ -��r�:a• "µ ;l 1 uj /' • � � �r In' �`h � `! lJ '1 0go-7 1 APPROVED 11/16/93 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS CARRBORO BOARD OF ALDERMEN AND CHAPEL HILL TOWN COUNCIL OCTOBER 14 , 1993 The Orange County Board of Commissioners, Carrboro Board of Aldermen, Chapel Hill Town Council and the Hillsborough Town Commissioners met in joint session on Thursday, October 14, 1993 at 7:30 p.m. in the OWASA Community Room in Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. , and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko (arrived at 8:30) and Don Willhoit. CARRBORO ALDERMEN PRESENT: Jay Bryan, Tom Gurganus, and Randy Marshall CHAPEL HILL COUNCIL MEMBERS PRESENT: Mayor Kenneth Broun, Joyce Brown, Joseph Capowski, Mark Chilton and Barbara Powell sILLsBOROUGs COMMISSIONERS PRESENT: Mayor Horace Johnson, Evelyn Lloyd, Allen L. Lloyd and Robert Rose &j. OPENING REMARKS FROM THE CHAIR Chair Carey welcomed everyone to the meeting. PUBLIC CHARDS Chair Carey dispensed with the reading of the Public Charge. C. JOINT PUBLIC EMING .J.L COMPREHENSIVE sOUSING AFFORDABILITY STRATEGY FOR ORANGE COUNTY Housing and Community Development Director Tara Fikes presented for the purpose of receiving public comments the draft Comprehensive Housing Affordability Strategy for Orange County. In summary, the Comprehensive Housing Affordability Strategy (CHAS) is a five year comprehensive planning document that identifies the overall housing needs in the County and outlines a five-year strategy as well as a one year plan to address those needs. The CHAS is a planning document which guides future planning and implementation of housing programs in Orange County. It is not an application for funding, nor does it commit any local funds for housing programs. Any jurisdiction participating in the Federal Community Development Block Grant Program (Chapel Hill) and/or the Federal ROME Investment Partnership Program (Orange County including the Towns) must have an approved CHAS. The Public Hearing was open to receive comments. Adele Thomas stated she feels it is important to make an assessment of how much money will be available and then to determine how much the County and the Towns can afford. Included in this should be a determination of whether the elderly should be kept in their homes or whether the homeless should be moved into houses. The CDBG will provide some money for rehabilitation but nearly not enough. She feels that it needs to be decided if this is the number one priority. She does not feel it disgraceful to have a privy in the 0 5- 2 back yard if it is kept clean. There are people who cannot afford to buy homes of their own and a determination needs to be made as to whether or not to help those citizens. Catherine Dickman, representing the Orange County Affordable Housing Coalition, stated four priorities she feels should be considered before building new housing for low and moderate income purchase: (1) improved emergency housing for families and children, (2) transitional housing for women and families, (3) transitional housing for men, and (4) decent affordable rental housing She stated that there are people on the streets with no place to go. She feels that a holistic approach is needed. She stated that a single person with two children working at minimum wage must work 58 hours a week to bring her/him up to the poverty level. The University needs to provide more student housing so that housing is available for people who need it. Tara Fikes stated that comments may be made through November 15, 1993. At the end of this period, the final CHAS document must be approved by all governing boards prior to December 31, 1993. THE PUBLIC HEARING WAS CLOSED. FURTHER COMMENTS WILL BE RECEIVED THROUGH NOVEMBER 15, 1993. 2s ORANGE COMITY BOARD OF CQwISOXONEQS PUBLIC REARING ,L AMERZCAN BTONE OQARRY - MMROM[BNTAL IMPACT BTAT ENT Planner Mary Willis stated that in 1990, Orange County adopted an Environmental Impact Ordinance. That Ordinance requires the preparation of an Environmental Impact Statement (EIS) for developments which meets the criteria as outlined in the Ordinance. One of the criteria is the need for a mining permit from the State of North Carolina. American Stone Quarry proposes to modify and expand its existing operation on NC Highway 54 and Bethel-Hickory Grove Church Road. The proposed expansion involves: (1) Re- alignment of Bethel-Hickory Grove Church Road to the east of the existing quarry; (2) relocation of the existing asphalt plant to the east of the re- alignment of Bethel-Hickory Grove Church Road; (3) realignment of a waterway on the northwest border of the quarry site; and (4) the eastward expansion of mining activities. The property is located in the Rural Buffer zoning district and University Lake Watershed. The existing quarry is designated as an Extractive Use in the JPA Land Use Plan. Expansion of the Extractive Use designation to include the area proposed for the quarry expansion requires approval of an amendment to the JPA Land Use Plan. Amendments to the JPA Land Use Plan require approval of Carrboro, Chapel Hill and Orange County. An amendment to the Joint Planning Area Land Use Plan was presented at a JPA public hearing on October 10, 1991. Concern with potential environmental impacts was raised during the public hearing process. The applicants chose to prepare and submit the EIS prior to submittal of the Special Use Permit so that more information would be available at the time of . the decision on the Land Use Plan amendment. The EIS is for information only. There is no decision to be made solely on the information in the EIS. Mary Willis summarized the proposal that the impact statement is based on. Four parts of the proposal were addressed in the EIS. They are J 3 listed below: (1) the realignment of Bethel-Hickory Grove Church Road, (2) the relocation of the existing asphalt plant to the east of Bethel-Hickory Grove Church Road, (3) the realignment of a waterway, and (4) the expansion of the mining activity to the east. Mary Willis indicated that the EIS was distributed for comments through the North Carolina Clearinghouse. Comments received from the NC Department of Transportation and the NC Wildlife Resources Commission are included in the agenda abstract. In answer to a question from Mr. Danziger about the population figures used in the EIS, Ms. Willis stated that these figures were derived from using a combination of the 1990 census data and figures that are currently in the Land Use Plan which are based on the 1980 census. Nancy Horn, representing W.MA Group for Martin Marietta Aggregates, showed on a map the present quarry and the old pit which is the OWASA Reservoir and the asphalt plant. She explained the process they followed in doing the EIS. They first contacted the Orange County Planning Board and then proceeded with data collection which is contained in the document. Alan-Lineberry, Vice-President with Nello-Teen Company, explained that an asphalt plant takes crushed stone and mixes it together with other materials to make a material used in asphalt pavement. About 95% of asphalt paving material is crushed stone with only 4-6% asphalt. They receive four to six loads of asphalt a week and it is stored on site. This plant is a 2- 1/2 batch plant. The plan is to expand to a 4-1/2 batch plant. The reason for expansion is efficiency. They have had no problems with pollution. He explained that they put a concrete containment area around the storage tanks which hold up to 56,000 gallons. In answer to a question from Commissioner Halkiotis, Mr. Battan from Martin Marietta stated that they visited one of the properties in the immediate area which they felt had the most damage. Upon examining the well they found that there was a rupture in the bladder of the holding tank in the well. In another case, they hired a structural engineer who found that the structural damage was caused by the house being built partially on solid ground and partially on filldirt which caused the house to settle. THE PUBLIC HEARING FOR OPEN FOR CITIZEN COMMENTS. Erwin M. Danziger made reference to a letter dated October 10, 1993 sent to the County Commissioners in which he asked that the Board deny the request from Martin Marietta for an amendment to the JPA Land Use Plan. He then read a statement which is summarized below. Both the letter and statement is in the Permanent Agenda File in the Clerk's Office and shall be made a part of these minutes by reference. Mr. Danziger's comments primarily address the EIS prepared by Martin Marietta. He made five points. (1) The undated EIS document refers in several places to a four part agreement and to an agreement between OWASA and Nello Teer which allows the existing, hazardous and unsafe asphalt plant to operate on OWASA owned land. He asked that the Board get copies of these agreements. He feels that the information in the EIS is outdated. 060 4 (2) Mr. Danziger feels that statements in the EIS dealing with socioeconomic impacts are clearly biased, half truths and what he might characterize as misrepresentations. He gave several examples of this in his letter. He noted that the Tax Assessor has indicated that OWASA does not pay taxes on the land it owns and that only "leasehold improvements" are taxed. As a result of this proposal the County could lose an additional 136 acres to OWASA. (3) Throughout the EIS, it is reported that OWASA has made or will make critical inspection of the water leaving the Quarry and Asphalt operations. He fears that without impugning the dedicated staff at OWASA it may be more difficult to find a minute amount of some hazardous trace element by an employee whose management is contractually obligated to help get these approvals. (4) He asked that the Board please note the careful wording and phrasing throughout the EIS regarding the asphalt plant. He made reference to specific sections dealing with the 401 water quality certification, and air quality measures. He emphasized that OWASA itself prohibits any asphalt, concrete, or Teddy mix plants under the proposed lease between OWASA and American Stone dated May 10, 1990. He noted that the document titled "Spill Prevention and Counter Measures Plan" was not done on site but by a professional engineer in Indiana. (5) On the question of rare and protected species, Mr. Danziger noted that the document presumes some species to be extinct because a literature search did not identify any records or names of threatened or endangered species in the vicinity of the proposed project. The information has never been verified by actual field trips. Mr. Danziger feels there are three options that were not discussed in the EIS: (1) close the quarry and asphalt plant now and if OWASA really needs more storage, buy the hole that now exists, (2) close the quarry in 15 years when the stone runs out and the asphalt plant after upgrading in 7 years when the lease ends or (3) permit a quarry operation somewhere in Orange County but outside of any watershed protected areas. Allan Spalt noted that the purpose of an EIS is to inform decision makers and the public about all reasonable alternatives and all potential impacts in order to promote sound decision making. An EIS does not require that the most environmentally sound decision is made. He feels that the proposal being made is probably, in the long run, good for Orange County. However, in the short run there is a lot of people living in that area and the environmental impacts need to be considered in any decision that is made. He feels that if the quarry is such a great long run benefit to the County it should be worth it to be sure it-does not have real serious impacts on the environment or the people living in that area while this plant is operating. He does not feel the document helps in making these kinds of decisions for the short run because it does not consider all potential impacts. This EIS was done in the office and the wetlands issue needs to be addressed fairly. The language that is used in the EIS applies that things will be improved. This is not starting out with a fair attitude. It is a document that set out to prove conclusions that had already been reached rather than one that is intended to inform the public and decision makers about all reasonable alternatives and potential 061 5 impacts in order to promote sound decision making. That is why it is a flawed EIS. Two of the main issues is that this is in the watershed. If the asphalt plant was not already there, this would not be under consideration. The second issue is that even though this is to be a new state-of-the-art asphalt plant which is more energy efficient, it will use the same energy as before. This means the plant is going to be twice as large. One of the most serious flaws in the EIS is the potential for a spill and the traffic generated by enlarging the asphalt plant. He feels this should be considered elsewhere. He made reference to a letter from Camp Dresser and McKee to OWASA in 1988 which talks about the plant. They did not recommend above ground storage of petroleum based products in the water supply watershed. The letter states that because the existing plant drains into the quarry reservoir it could be contained. Mr. Spalt explained that in the new configuration, it is designed to drain into Phil's Creek which goes into University Lake. He make reference to page 3-25 about noise monitoring and noted that many people have indicated that noise is an issue. They did some noise monitoring and some of it does not make sense and he gave examples. He feels that there was not a serious investigation into the noise problems that real people encounter. One aspect of an EIS is the socioeconomic aspects. ' While this may have great socioeconomic benefits for the community, it has very serious socioeconomic consequences for the nearby residences. Most of the language in the EIS is "it is expected", "normally", "usually", "as a general rule", etc. There has been a long history of mining on location and therefore one would expect this EIS to be more specific. He asked that the elected officials ask enough questions so that the final document will constitute a final impact statement. He feels that the asphalt plant constitutes a real danger to the watershed and is inappropriate in a water supply watershed and should be separated from this proposal and located elsewhere. Jennifer Shean who lives on Bethel-Hickory Grove Church Road stated she has a water problem. She once supplied three houses with water and now cannot supply enough for one. They can't drink the water or use it to wash clothes. She must change the filter at least twice a day. When there is blasting, pictures fall from the walls. She asked that something be done. NOTE: Chair Carey was excused from the meeting. Vice-Chair Stephen Halkiotis chaired the reminder of the meeting. Alfred C. Perry owns property adjacent to the stone quarry. He noted that he did not receive any information about this meeting and asked that he be informed of any further meetings. He has had a good working relationship with American Stone. He asked that any maps used in making a presentation be prepared on paper so that those in the audience can participate. If the road is changed, it will directly affect his property. It is a fact that they get vibration from the blasting. American Stone came out to check it with their own people and their own instruments. During blasting, his trailers rock and his tenants complain about it. He is interested in the long-range plan for the property in that area. Dexter Rogers lives one fourth mile from American Stone. He stated that the blasting has caused structural damage to his house. The noise from the trucks is terrible. 062 6 Melvin Perry stated that American Stone has sent people out to measure the blasting. He does not want his life or property destroyed. Last Wednesday, there was a tremendous blast. He understands that the quarry provides jobs for people but he does not want their business to destroy his life or the lives of his children. Mary Willis stated that there is no further action on the EIS at this point. The Land Use Plan amendment hearing will be scheduled at a later point, early in 1994, and if that is approved a Special Use Permit hearing would be scheduled. At that time, specific conditions would address the concerns raised at this public hearing. Allan Spalt asked for information on who the owner of the property in question is and OWASA's role in this process including contracts, etc. He asked what would happen if the board agreed that the document is inadequate. Mary Willis stated that to this point nothing has been required from the applicants. The EIS would be required with the submittal of the Special Use Permit. If there were questions, deficiencies or issues raised through- the information in the kIS, the Board would have the option of delaying a decision on a Special Use Permit in order to get any resolution to any issues that were raised at the Public Hearing for the Special Use Permit including the EIS. In answer to a question from Joyce Brown, Mary Willis stated that the EIS is not a requirement of the Joint Planning Agreement. Joyce Brown made reference to the questions and concerns brought forward and indicated that she would like to have those questions answered. In answer to a question from Commissioner Willhoit on why this public hearing was scheduled, Mary Willis stated that at the time the public hearing was held on the Land Use Plan amendment, there were concerns raised regarding the potential environmental impacts with an expansion. In an attempt to address that more broadly, the applicant volunteered to go ahead and do the EIS. Barbara Powell asked about the concerns that were heard tonight. Mary Willis stated that the meeting tonight was for information gathering. There is no decision to be made. In terms of addressing the specific comments, they will be considered in terms of the Special Use Permit. Commissioner Gordon mad* reference to the Special Use Permit process and questioned if these comments are going to be considered as findings and if so if all the testimony should have been sworn. NOTE: Commissioner Insko was present for the remainder of the meeting. Mary Willis noted that if this had been a public hearing for the Special Use Permit that everyone would have been sworn in from the very beginning. If an amendment is approved, the minutes from this meeting and all documents will be presented as part of the evidence at a Special Use Permit hearing. 7 Geoffrey Gledhill clarified that if the Board intends to rely on the statements made by the people here tonight in the context of the Special Use Permit public hearing, those comments probably need to be made at that public hearing. Ken Broun stated that the only action the Chapel Hill Town Council will make will be in regard to the Land Use Amendment. At that point, they will take into account the concerns expressed this evening with regard to the EIS and at that point expect the applicant to answer the questions and address the concerns. Marvin Collins stated that this involves not only an amendment to the Joint Planning Area Land Use Plan which would require all three governing boards but it involves an amendment to the Orange County Comprehensive Plan which involves only the County Commissioners. All three governing boards must vote in the affirmative for the Joint Planning Area Land Use Plan to be amended. If any governing board says no, the process stops. If it does receive an affirmative vote, it moves to the process involving only Orange County Commissioners. Mr. Danziger stated he hopes that the towns will stop this action before it gets to the County and the Special Use Permit process. He presented a copy of the Memorandum of Understanding" between the four parties and he asked Nello Teer to make available to this board a copy of their agreement between OWASA and Nello Teer. Xa ADJOOS MEW With no further items to be considered, Vice-Chair Halkiotis adjourned the meeting at 9:20. The next regular meeting of the Board will be held on Tuesday, October 19 at 7:30 p.m. at the OWASA Community Room, Carrboro, North Carolina. Beverly A. Blythe, Clerk Moses Carey, Jr. , Chair 064 065 MARTIN MARIETTA AGGREGATES POST OFFICE BOX 30013 _ RALEIGH, NORTH CAROLINA 27622-0013 TELEPHONE(919)781.4550 March 24, 1994 Mr. Marvin Collins, Director Orange County Planning Department 306-F Revere Road Hillsborough, NC 27278 RE: JPA-1-91 & CP-3-91 American Stone Company, Orange Water and Sewer Authority and Phillip and Alice Durham Dear Mr. Collins, David Rooks has suggested that I write you regarding our contacts with several of the neighbors who live in the vicinity of our quarry on Highway 54 west of Carrboro. On September 11th, 1991 we met with Reverend Currin, and on September 19th, 1991 we met with Reverend Manly. Reverend Currin and Reverend Manly are the ministers of the churches on Bethel Church - Hickory Grove Road. On October 1st, 1991 we met with Roger Durham who is the owner of the property immediately east of the American Stone property. Mr. Durham's main concern was the effect of the relocated asphalt plant on his pine plantation. You will recall that the original hearing for this project was on October 10th, 1991. At that meeting at least four neighbors stood up to speak against the quarry; some of the same people appeared at the hearing on the E.I.S last fall. Although we have been operating at that site and the previous location since 1969, this was the first time we had ever heard any complaints from any of these people. Following that October 10th hearing we began to make an effort to contact those that had complained. While several of the people seemed to claim that they were merely bothered by the operation, Roy Belon alleged that his home had suffered-actual damage as result of our operation. On October 30th, 1991 we met with Mr. Belon at his home and set up a seismograph. The readings from that session indicated that our blast was well below any damage threshold. Mr. Belon pointed out several cracks in his house and driveway, and he also claimed that his well was not functioning properly as result of our operation. We agreed to hire independent experts to examine both the damage to his house and his well. We engaged the services of a structural engineer from Duke University (with whom we had never previously done any business) to analyze the cracks in Mr. Belon's house and report back Q � h to us. His conclusions were that the cracks were the results of the house being built on fill material. Mr. Belon's house is built into the side of a hill. In order to create a level space for construction the hill was notched out and the dirt placed in the front of the notched out area. The cracks are located in the front where the fill material was placed. We also hired an independent well drilling company to analyze Mr. Belon's complaints about his well. Their conclusion was that the tank bladder was ruptured, an occurrence that has absolutely nothing to do with our quarry or vibrations. Both of these inspections were done at our expense. On November 14th, 1991 we met with Mr. Alfred Perry, Mr. Melvin Parrish, again with Mr. Belon, and with Dexter Rogers. Seismographs were placed at Mr. Perry's trailer park and at Mr. Parrish's home. Again the readings showed that we were well within state limits for vibration and noise. At the November 14th session we also entertained members of the Carrboro Town Council. On November 21st, 1991 members of the Chapel Hill Town Council came out to view a shot and tour the quarry. On April 20th, 1992 (following a Roses and Raspberries article) we took the editor of the Chapel Hill newspaper out to the quarry to explain the project to him and show him around. On March 23rd, 1994 we invited Mrs. Dan Valero and others to the quarry to see a shot and view the operation. Mrs. Valero cancelled the morning of the 23rd. Mr. Allen Spault was invited to this session but was unable to attend. It will be our pleasure to conduct additional tours for other interested parties. We are proud of our operation and welcome the opportunity to explain it to people who have concerns or interest. If we can be of further service along these lines please do not hesitate to contact us. Sincerely, R. Paxton Badham, Jr. RPB,Jr./lmm 1 067 Approved: 1121192 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS JOINT PLANNING PUBLIC HEARING OCTOBER 10, 1991 The Orange County Board of Commissioners, Chapel Hill Town Council, Carrboro Board of Aldermen, and the Orange County Planning Board met in joint session on October 10, 1991 at 7:30 p.m. in the Carrboro Elementary School Auditorium, Carrboro, North Carolina. BOARD OF COMMISSIONERS PRESENT: Chairman Moses Carey, Jr. , and Commissioners Stephen Halkiotis, Alice Gordon, Verla Insko and Don Willhoit. CHAPEL HILL TOWN COUNCIL: Mayor Jonathan Howes, and Council Members Julie Andresen, Joe Herzenberg, and Joyce Brown. CARRBORO BOARD OF ALDERMEN: Mayor Eleanor Kinnaird, and Aldermen Randy Marshall, Hilliard Caldwell, Frances Shetley, and Tom Gurganus. ORANGE COUNTY PLANNING BOARD: Betty Eidenier ORANGE COUNTY STAFF: County Manager John Link, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, and Planner Emily Cameron. NOTE: THE RECORDING EQUIPMENT DID NOT FUNCTION PROPERLY AND THESE MINUTES WERE RECONSTRUCTED FROM USEABLE TAPES, STAFF NOTES, AND AGENDA MATERIALS. WELCOME Chairman Carey welcomed the people in the audience and requested that they sign up if they wish to speak. PUBLIC CHARGE: Chairman Carey read the Public Charge. C. JOINT PLANNING PUBLIC HEARING D. ORANGE COUNTY PUBLIC HEARING AMERICAN STONE COMPANY C.l.a. Joint Planning Area Land Use Plan and Map Amendments JPA-1-91 D.i.a Comprehensive Plan (Land Use Element) and Map Amendments CP-3-91 This presentation was made by Marvin Collins. In summary, this item was presented to receive citizen comment on a request to amend the Joint Planning Area (JPA) Land Use Plan and Land Use Element of the Orange -County Comprehensive Plan. Applications have been received on behalf of American Stone Company, the Orange water and Sewer Authority (OWASA), and Philip and Alice Durham to amend the JPA Land Use Plan and the Orange County Comprehensive Plan. The subject area is composed of five properties referenced as Chapel Hill Township, Tax Map 112, lot 31A and Bingham Township, Tax Map 28, lots 8A (part), 9B, 9C, and 9E. The tract contains approximately 208 acres and is located north of NC 54 at the intersection of Bethel-Hickory Grove Church Road. The proposed amendments which will be considered jointly are summarized as follows: .PA-1-91 requests expansion of the extractive use plan category as contained in the JPA Land Use Plan. The extractive use category encompasses mining and quarry operations. Currently Bingham Township, Tax Map 28,lot 9B is the only property so designated for this type of use. The amendment application requests that the extractive use category be extended to the remaining properties. Amendments to the JPA Land Use Plan require the unanimous approval of the governing boards of Chapel Hill, Carrboro, and Orange County as specified in the Joint Planning Agreement. ` CP-3-91 requests the establishment of a Rural Industrial Activity Node covering the subject properties. A Rural Industrial Activity Node is land focused on designated road intersections in the rural areas that is appropriate for small scale industrial uses which do not require urban-type services. Such an amendment requires only the approval of the Orange County Commissioners. THE PUBLIC HEARING WAS OPEN FOR COMMENTS OR QUESTIONS FROM THE PLANNING STAFF AND/OR THE ELECTED OFFICIALS Town of Chapel Hill Planning Director Roger Walden emphasized that this is an existing use in this watershed area. The key short-term issue in the opinion of he and his staff is water quality. Discussions faith OWASA staff and review of reports relevant to the subject indicate a greater concern on OWASA's part toward the possibility of runoff and/or a spill from the existing asphalt plant rather than runoff from quarrying operations. These concerns would be largely addressed by the proposed relocation of the asphalt plant. Associated improvements with the plant relocation would include above-ground storage tanks with containment facilities, a modern plant which would operate at lower temperature, and an improved system of emissions control for air pollutants. The key long-term issue has to do with hydrology. Phil's Creek is shown on the 1983 FEMA floodplain map as having a 100 year floodway approximately 2100 feet in width, crossing the site as described under the "slope" section. This water course has been significantly altered by the existing quarry operations. It is not clear whether the quarry operation could function outside of the floodplain. Environmental review procedures would apply to an expanded quarry. Also, a full environmental impact statement would be required at the time a special use permit was considered. The applicant would address impacts on the floodplain at that point. with regard to the quarry operation, it is Chapel Hill staff's opinion that surface runoff will go into the pit. with regard to the relocation of the asphalt plant, there is currently an asphalt plant in operation and from review of the materials it appears that safety at the plant would be improved by the proposed changes. Chapel Hill planning staff recommends approval of this request. No comments were made by the Carrboro staff. • In response to a question regarding why this area needs to be designated as a Rural-Industrial Activity Node and the implications of this designation, Mr. Collins indicated that Agricultural/Industrial would be spot zoning. This activity node is site-specific. The boundary of the activity node follows the boundary of the proposed quarry operation. There would be no other uses associated with it other than the extractive use. Commissioner Gordon requested that more data be gathered as to the effect of the quarry operation on Phil& Creek. Also, she indicated that it would be helpful to have information on how an improperly operating asphalt plant could adversely effect the watershed. 'e Mr. Collins indicated that the quarry and asphalt plant would undergo the environmental impact review. The applicants would prepare the environmental impact statement which would then be submitted as a part of the special use application. Conditions could be attached to the approval of the Special Use Permit to address specific concerns. He also indicated that asphalt plants are frequently closely associated with a quarry operation because part of the raw material comes from the quarry. If the existing quarry were to cease operation, the asphalt plant would probably be closed at that time. An unidentified citizen indicated that the problem is that OWASA will acquire ownership of the new quarry at no cost in return for supporting the items on the agenda. He asked if OWASA would be in support of this if they were not going to gain a sizable reservoir once the proposed quarry is mined out. Commissioner Gordon asked staff to explain to what extent this is a relocation of a current use and to what extent it is a relocation and expansion. Is the original quarry operation going to be closed down before the new one is open? Mr. Collins indicated that the asphalt plant will be a relocation of an existing use. The old plant structure will be removed and will be replaced on the east side of the new road. The quarry itself would be viewed as an expansion of an existing use. Relocating the road would be the first step. The quarry operation would expand from where it is now and move in a southeast direction toward the old quarry. The new realignment of the road would provide for better site distance along Highway 54. Ms. Eidenier asked how establishing a Rural-Industrial Activity Node for an extractive use in this area is different from establishing a Rural-Industrial Activity Node in other places in the Rural Buffer. Also, is a problem perceived with the impervious surface ratio in the University Lake Watershed? Mr. Collins indicated that this is an existing use so there is no additional intrusion into the Rural Buffer with this operation. It is still in the same area where it has existed since the mid-1960'x. In response to a question pertaining to impervious surface, he indicated that American Stone was advised that they will need to address the issue of impervious surface when the Special Use Permit application is filed. THE PUBLIC HEARING WAS OPEN FOR QUESTIONS AND/OR COMMENTS FROM THE APPLICANTS OR THEIR REPRESENTATIVES. Mr. Xis Mergner, Vice-Chairman of the Orange water and Sewer Authority Board of Directors, spoke in favor of this proposal. His written comments are incorporated herein by reference and may be found in their entirety in the permanent agenda file in the Clerk's office. THE PUBLIC HEARING WAS OPEN FOR QUESTIONS/COMMENTS FROM CITIZENS Mr. Alfred Perry, a local property owner, spoke against this proposal. Be indicated that the new road would be near his property. He asked if there would be a buffer between the road and his property or if this would landlock his property. Will he continue to have road frontage? He indicated that the plan would ensure 40 more years of bombing in his area. His trailer park tenants have 070 0 indicated that the blasting shakes the walls. Also, his fish pond leaks from the repeated blasting. Mr. Erwin Danziger, a local property owner, spoke against this proposal. He indicated that the noise and the blasting causes great difficulties and stress to property owners. Ms. Ann Parrish, a local resident, spoke in opposition to this proposal. She asked for clarification about what the County would do if the blasting in some way caused their water to become contaminated. Ms. Madeline Levine, a local resident, spoke in opposition to this proposal. She felt that insufficient environmental data had been supplied by the staff in their analysis of the proposal. She stated that this information should be provided before the governing boards take action on the request. Mr. Daniel Valero, a local resident, spoke in opposition to this proposal. County staff was asked to address the following concerns when these items are brought back to the Boards: -How many people are going to be adversely effected by the moving of the quarry and asphalt operations? -Would approval of this Land Use Plan change set a precedent for the Rural Buffer? If so, what precedent would it set? -Is there legal recourse for property owners for damages if the quarry were to become a permitted use or an industrial node? -How might some of the concerns which were raised concerning ground water and damage to structures be addressed? Mayor Kinnaird asked what just compensation for property damage is being considered. Commissioner Willhoit asked for clarification on the history of this quarry and the difficulties that neighbors have experienced as a result of the blasting. Has American Stone been notified of these problems and what kind of satisfaction was received in response to any complaints? Mr. Belon, a local landowner, spoke in opposition to this proposal. Mr. Allen Spalt, a' local landowner, spoke in opposition to this proposal. He indicated that the choices are difficult, since a sizable reservoir would be available after the quarry is mined out. However, the environmental affects have not been adequately addressed in order to support the request. C. JOINT PLANNING PUBLIC HEARING D. ORANGE COUNTY PUBLIC HEARING NEW HOPE CORRIDOR OPEN SPACE MASTER PLAN C.l.b JPA-2-91 Proposed Amendments to the Joint Planning Area Land Use Plan and Map D.l.b CP-4-91 Proposed Amendments to the Orange County Comprehensive Plan (Land Use Element) and Map This presentation was made by Planner Emily Cameron. In summary, these items were presented in order to receive citizen comments on proposed