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HomeMy WebLinkAboutAgenda - 11-27-2000-1ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: November 27, 2000 Action Agenda Item No. ~~ SUBJECT: American Stone Company/Orange Water and Sewer Authority Planned Development Rezoning and Class A Special Use Permit DEPARTMENT: Planning ~ Inspections PUBLIC HEARING: (Y/N) YES ATTACHMENT(S): INFORMATION CONTACT: Findings of Planning Staff P ~~ Craig Benedict, Director, Ext.2592 Staff Comments an EIS P 3D Robert P. Davis, Planner III, Ext. 2580 Environmental Impact Statement Summary P 31 D i L tt anz nger e er OWASA Letter Concerning Nello Teer Plant P 35 P 3s TELEPHONE NUMBERS: Carrboro Resolution of Approval 8~ Comments P a~ Hillsborough 732-8181 Chapel Hill Resolution of Approval P a7 Chapel Hill 968-45.01 Legal Ad/Certification of Letter sent to Owners Pas Durham 688-7331 Site Plan Maps P 55 Mebane ~ 336-227-2031 AppllCatlOn/SUpporting DQCUmentS Flled Apcl Supplied PURPOSE: To receive evidence and public comment regarding American Stone Company and Orange Water and Sewer Authority proposed Planned Development rezoning and Class A Special Use Permit for expansion of the quarry operations and reservoir. BACKGROUND: -- Applicants: American Stone Company P.O. Box 30013 Raleigh, NC 27622 (919) 781-4550 . _.. --f-~ _ ...-- - Orange Water and Sewer Authority P.O. Box 366 Carrboro, NC 27512 (919) 958-4421 Location: At the intersection of NC 54 and Bethel Hickory Grove Church Road (SR 1104) TawnShlq: Bingham Current Conditions: Zoning: Rural Buffer (RB) with a portion of the property under a Class A Special Use Permit Ad~acent Pro ert Zonin :Rural Buffer (RB) Pro osed Zonin :Planned Development -Light Industrial (PD-I-1 ), Class A Special Use Permit Acr ease: 180± The following conditions were placed on the quarry operations when the Special Use Permit was originally approved. Existin Class A S ecial Use Conditions: (Recorded 11-15-$2; Boak 402, Page 196 & 197) 1. The site plan submitted by American Stone Company dated October 1980, revised June 9, 1981 shall be part of this permit. 2. Two observation water wells will be constructed as soon as possible after the issuance of this permit to monitor the effect of the quarrying operation on the local water table. The first well will be located near the property line of Phillip Durham about 750 feet west-northwest of the northwest corner of the present excavation pit. The second well site shall be near the toe of the disposal overburden pit at approximately 900 feet east of the northeast corner of the'pit. The minimum depth of bath observation wells shall be at least 25 feet below the lowest level of the pit. Mean sea level elevation shall be determined at the wells, and water levels shall be measured weekly in relation to mean sea level. The results of the measurements shall be sent annually to the Planning Department by the 1St day of February each year. 3. The new access road shown on the site plan shall be paved when it is put into service. The temporary road shown on the site plan shall be closed within one year of the date of this permit. 4. The applicant shall not use the access easement, described in the deed to the18 acre tract, to SR 1103 for removal of overburden or access for trucks to the extraction site. 5. No extraction will take place within 300 feet of a residence or public land. If a residence is build within 300 feet of the extraction site, a fence will be constructed on that edge of the site. 6. Stockpiles and overburden piles shall be at least 200 feet from all streams on the site. 7. The stabilization of the averburden piles shall be determined and inspected periodically by the Orange County Sail and Erasion Cantral Office. The overburden stabilization shall be accomplished through a rotation method. The stockpiling of overburden shall take place on a rotating basis. One area within the disposal site shall be graded and stabilized with sericea lespedeza and according to the rehabilitation plan while another area is being used _ . . __. --- r`ar static 'iiin P g: 8. The hours of operation shall not exceed the time from 7:OO AM - 7:00 PM Monday - Saturday. 9. The streambed and banks of the channelized portion of Phil's Creek and the areas around the settling ponds shall be stabilized. The applicant shall have a continuing program of fertilization and maintenance on areas adjacent to the streambed of Phil's Creek and around the settling pond. 10. A fifty- (50) foot separation shall remain at all times between the excavation pit and Phil's Creek. This 50' buffer shall remain in a natural state to be maintained by the applicant. 11. A water wagon shall be operated at the site as needed to keep dust leaving the site to a minimum. 12.One year prior to the end of the extraction process the applicant shall notify Orange County of their intentions. The County shall tour the site, indicating areas that need further preparation for the closing of the site. Of particular concern on this inspection: a) That the settling ponds are fully stabilized and the spillway is in good condition; b) Overburden and spoil piles have been completely graded and sloped to prevent slippage and erosion. That the slopes are stabilized and seeded to Orange County standards; c) The final use of the site has been determined. If it is not to be a reservoir then what will happen to existing machinery yard areas and buildings. If it is not to be used as a reservoir, then detailed plans shall be submitted on the methods of restoring site and securing pit area; d) The applicant shall notify Orange County in writing of the expected final date of operations. Orange County shall not release the rehabilitation bond until operations have ceased and all areas that have been disturbed, graded, sloped, etc. have been stabilized to Orange County standards. 13.A rehabilitation bond guarantee shall be posted with Orange. County in a form acceptable to the County Attorney in an amount equal to the cost of rehabilitation as certified by a registered engineer employed by American Stone Company, less the amount required by the State of North Carolina pursuant to the North Carolina Mining Act. The following conditions are recommended by the Planning Staff to be a part of the Planned Development and Class A Special Use Permit. RECOMMENDED SPECIAL USE PERMIT CONDITIONS (Planning Staff Recommendations) 1. The Site Plan (drawings 2, 4, 5, 9-13) submitted by Applicants dated September 20, 2000 shall be part of this permit. 2. In addition to the two existing observation water wells shown on the site plan, American Stone shall construct a third observation water well on TM 7.112..31A to monitor the effect of the quarrying operation on the local water table. The minimum depth of the observation ~ wells will be at least 25 feet below the lowest level of the pit. Mean sea level elevation shall be determined at the wells, and water levels shall be measured weekly in relation to mean sea level. The results of the measurements shall be sent annually to the Planning Department by the last day of February each year. OWASA will analyze the quality of the ` ~-- water from the well on TIVi 7:1 i2..:~~iH upon the request of any-a~jacent~arope~ty owner., 3. Applicants shall not use the access easement to SR 1103 (Jo-Mac Road) described iri the deed to the TM 6.28..8A for removal of overburden or access for trucks to the extraction site. 4. No extraction shall take place within 300' of a residence or public land. If a residence is built within 300' of the extraction site, a fence shall be constructed on that edge of the site by American Stone Company or OWASA. 5. Stockpiles and overburden piles shall be at least 200' from all streams on the site, except where prateeted by approved catch basins. This shall not apply to stabilized, seeded berms or berms under construction. The maximum height of the stockpiles referenced on site plan drawing #2 shall not exceed forty (40) feet maximum. 6. The hours of operation of the pit and processing plant will not exceed the time from 7:00 am - 7:00 pm Monday through Saturday. 7. The stream bed and banks of the channeled portions of Phil's Creek and the areas around the settling ponds shall be stabilized. The applicant shall have a continuing program of fertilization and maintenance on areas adjacent to the streambed of Phil's Creek and around the :settling pond. 8. Applicants shall maintain a 50-foot buffer between the excavation pit and Phil's Creek. The 50-foot buffer shall remain in a natural state to be maintained by American Stone Company. 9. A water wagon shall be operated at the site as needed to keep dust leaving the site to a minimum. 10. One year prior to the end of the extraction process, American Stone Company shall notify Orange County in writing of its intention to cease mining. The County shall tour the site to determine what areas that need further preparation for the closing of the site. Of particular concern on this inspection will be: (i) That the settling ponds are fully stabilized and the spillway is in good condition. (ii) That overburden and spoil piles have been completely graded and sloped to prevent slippage and erosion. (iii) That the slopes are stabilized and seeded to Orange County standards. (iv) That the site be adequately prepared for conversion to a reservoir 11. The applicants will notify Orange County in writing of the expected final date of operations. Orange County will not release the rehabilitation bond until operations have ceased and all areas that have been disturbed, graded, sloped, etc. have been stabilized to Orange County standards. ~i2, .ti_rehabiiitation bond guaranree shaii be posted witrfurange Lounty in a form acceptable to the County Attorney in an amount equal to the cost of rehabilitation as certified by a registered engineer employed by American Stone Company, less the amount required by the~State of North Carolina pursuant to the North Carolina Mining Act. 13. No blasting or stone processing east of the current location of SR 1104 shall take place within 500' of any property line of property not owned or leased by OWASA or American Stone Company. 14. All quarrying operations shall cease no later than December 31, 2030 at 12:00 noon. 15. Orange County shall establish and administer a No Fault Well Repair Fund (NFWRF) from which funds will be made available to residents in the vicinity of the quarry to repair or replace residential wells that fail for any reason other than as the demonstrable result of American Stone Company's mining operations. American Stone Company shall be responsible for the cost of repairing or replacing wells that fail as the demonstrable. result of its mining operations. American Stone Company shall deposit $87,500.00 into the NFWRF upon the issuance of this permit and for so long as it continues to mine on the permitted property, will add up to $20,000.00 annually to the fund if Orange County determines the additional funds are necessary to provide for repairs. In any year in which them are still insufficient funds in the. NFWRF to cover the cost of well repairs after American Stone Company's contribution, OWASA shall contribute up to $15,000,00 to the fund. At the end of mining in the year 2030, any funds remaining in the NFWRF shall be returned to American Stone and OWASA based on their percentage contribution. 16. Within three years of the issuance of this permit, OWASA will complete an evaluation of the possibility of extending water and/or sewer to residents living within a 3000 foot radius of the perimeter of the property subject to this special use permit. OWASA will encourage citizen participation in its integrated master planning process including reviews of policies and practices. regarding the demand management, water conservation and water supply projections. Because Orange County, Chapel Hill and Carrboro have the authority to - approve water and/or sewer extensions, OWASA's evaluation will be conducted within the context of applicable land use policies and the requirements of its respective local government entities. 17. Within two years of the issuance of this permit any property owner within a 3000 foot radius of the property encumbered by this permit may request American Stone Company to conduct apre-blast survey of structures on his or her property. An outside consultant selected and paid for by American Stone with expertise in this field will perform the survey, and a copy of the survey will be provided to the homeowner. American Stone Company shall; .acting in good faith, accept responsibility for any damage alleged to have occurred after the pre-blast survey where the pre-blast survey and blasting data as determined by an expert indicate a probability but not a certainty that the. damage was caused by the activities of American Stone Company. 18. American. Stone Company shall attempt to notify by telephone each neighbor living within a 3000-foot radius of the perimeter of the permitted property who asks that it do sa on the day of a blast. 19. Within two. years of the issuance of this permit American Stone Company shall complete. the installation of baffling equipment in accordance with the guidelines and in general conformance with the National Stone Association's Community Noise Manual for the purpose of reducing plant noise. 20. American Stone Company shall continue its current "stemming" practices that were implemented in 1997. This change represents an increase by 10% aver prior levels of the amount of "stemming material" used on the tap two benches of the existing and expanded quarry pit. 21. American Stone Company shall construct a 20' high berm, landscaped with grass and trees as recommended in the National Stone Association's Community Noise Manual, between the pit and relocated S.R.1104 as shown on the submitted Plans for the purpose of reducing .noise in the buffer area surrounding the edge of the quarry. In all instances, the berm adjacent to the mine shall be expanded ahead of the mine expansion. i 22. Prior to commencing blasting operations on the east side of the current location of SR 1104 and in all events no later than three years from the date the issuance of this permit, American Stone Company shall begin to enclose equipment used in the secondary portion of the plant operations including the crushing and screening towers following the guidelines and in general conformance with the National Stone Association's Community Noise Manual grid shall complete the enclosures within four years from the date the permits are issued. 23. Within seven years of issuance of this permit, American Stone Company shall relocated the primary crusher and related equipment to the pit. 24. American Stone Company shall request that the following conditions also be made conditions of its amended mining permit: (a) American Stone Company shall use the most current, generally accepted blasting techniques available and will inform the County Manager, or designee, before changing blasting .techniques. (b) American Stone Company shall adhere to the following limits to be measured by seismograph at the nearest property line of property under control of American Stone Company during the mining process; (i) .Air blast limit of 125 decibels. (ii) Maximum peak particle velocity of 0.6 inches per second, provided that American Stone Company will strive for a maximum peak particle velocity limit of 0.5 inches per second. (c) American Stone Company shall limit its continuous noise operations (plant processing including the jaw crusher) at the boundary of the property encumbered by the original special use permit and at the boundary of the property added to this modified .. speciai-use permit to b0 decibeis. _ - _ ._....... _ ...-.,..._ .._ 25: American Stone Company shall limit blasting charges to a maximum of 450 pounds per delay, and at least 80% of its blasts will be less than 300 pounds per delay. 26. American Stone Company shall take all reasonable precautions to prevent fly rock from leaving its property. . 27. When blasting east of the current location of SR 1104, American Stone Company shall monitor each blast with two seismographs. One seismograph shall be located at the nearest off site occupied structure as required by American Stone Company's North Carolina Mining Permit. The second seismograph shall be located at the nearest property line. 28. American Stone Company shall encourage all truck operators leaving the premises to be mindful of lawful weight and safety of load practices, including the use of covers when required by law. 29. American Stone Company shall install a truck spray bar and ensure usage by having truck operators wet down and cover their loads in order to reduce the possibility that fine materials and particles would blow off the trucks. 30. American Stone Company and OWASA agree to compensate the owners of property within a radius of 3000 feet of the perimeter of the property encumbered by this permit for the loss of fair market value of their property, if any, resulting from quarry operation according to the following guidelines: (a), The property owner making the request must have continuously owned the property in .question since January 1, 1978. If the loss of fair market value is for a structure, it must have been constructed prior to January 1, 1978. (b) The property owner must have closed a sale of the property or a loan secured by the .property within thirty days prior to the date the owner makes a request under this section and the owner must have made a good faith effort to obtain the maximum sale price or appraised value in the case of a loan. (c) Property owners may make use of this provision only one time for any single property. (d) The procedure for seeking compensation shall be as follows: (i) The property owner shall notify OWASA in writing of the request. (ii) OWASA and American Stone Company shall engage an MAI Appraiser (Member of the American Institute of Realtors) from North Carolina who has not been used by American Stone Company, Martin Marietta Materials; Inc, or OWASA as of the date of the issuance of this special use permit for the purpose of analyzing the sale or loan to determine whether the presence of the American Stone quarry adversely impacted the contract price ar tl7e apprai~2d-valrie'~bf the ---- property in the case of a loan. American Stone Company and OWASA shall each bear one-half of the cost of the appraisal. American Stone Company and OWASA shall attempt to have the appraisal completed within sixty days of the submission of the request by the property owner: (iii) American Stone Company and OWASA shall provide the property owner with a copy of the appraisal as soon as it is submitted. If the owner is not satisfied with the results of the appraisal, the owner may have his or her own MAI appraisal performed at his or her expense. (iv) If the owner, OWASA and American Stone Company are not able to resolve the dispute upon receipt of the first or second appraisal, the two appraisers will select a third MAI Appraiser to perform an analysis, and the three appraisers shall seek to quantify any decrease in the fair market value of the property resulting from quarry operations, if any. OWASA and American Stone Company shall pay one half of the cost of he third appraiser and the property owrier shall pay the balance. (v) If the three appraisers report a decrease in fair market value resulting from . quarry operations, American Stone Company and OWASA shall each pay the ,property owner one half of the decrease in fair market value within thirty days of the receipt of the report from the three appraisers. (vi) Upon receipt of payment of American Stone Company and OWASA, the property owner shall convey to American Stone Company and OWASA a release and easement in full and final settlement for any and all alleged diminution in value to the property resulting from quarry operations which will be binding upon the property owner and his or her heirs, successors and assigns. . 31. American Stone Company will monitor air blasts and peak particle velocities vvith seismographs at the locations specified in paragraph 27. Any neighbor who requests advance notification of blasting as provided in paragraph 18 will be allowed to be present at a seismograph location to observe the recordings at the time of the blast`event. 32. American Stone Company shall make its blast reports and the data provided by its . monitoring seismographs .available for inspection and copying at reasonable times by. citizens and governmental bodies. 33. American Stone Company shall provide up to $2,000.00 in support of an initiative to document and memorialize the history of African American landowners in the area surrounding the quarry. OWASA shall promote this initiative by meeting with and working .with neighbors to determine who will perform the study and by managing the study and disseminating its result. 34. In recognition of the historic value of the former school located on TM7.112..9, and if permitted by the owner, American Stone Company shall pay for an inspection of the - ~ - --rtoundatiori or"the structure by a qualified expert~'arrd if'the inspection derermines that tfie" " quarry operations have caused any structural damage to the foundation, American Stone . Company shall pay the. reasonable cost for necessary repairs. 35. American Stone Company shall work with neighborhood organizations to identify a mechanism through which employment opportunities at the quarry could be made known to residents of the surrounding community. To the extent permitted by applicable state and federal law and regulations, American Stone Company shall extend a preference in hiring to qualified residents of the community in the area of the quarry by considering these residents before others for jab openings that occur during the time American Stone operates the quarry. 36. OWASA shall name the reservoir that results from the expansion of the quarry after the community in which it is located. 37. American Stone Company shall sponsor an annual neighbor day for residents living within a 3D00-foot radius of the perimeter of the property encumbered by this special use permit 9 for the purpose of maintaining coristructive communications with the neighbors and to offer a planned forum in which neighbors might ask questions about American Stone Company's operation. 38. OWASA shall provide a special forum for citizens who live in the area of the quarry to speak with the. OWASA Board of Directors about their concerns. 39. Operations associated with the extraction of earth materials and the reclamation .of the property at the conclusion of mining will be in conformance with the standards set out in Section 8.8.1.2 of the Ordinance, Mining Permit # 68-02 as modified and the approved . Reclamation Plan filed in accordance with Mining Permit #6$-02. In the event of any .inconsistency between the Ordinance and the Mining Permit, the stricter requirements shall control. 40: A security fence of at least 6' in height shall be installed around the entire circumference of the. open pit area. 41. Berms consisting of spoil and by products from operations shall be located as shown on the approved site plan and shall not reach a height greater than 40' above.the original contour and shall. not be graded sa that the vertical slope exceeds the material's natural angle of repose. 42. Applicants shall submit operational reports to the County Manager, or designee, on an annual basis detailing the amounts of materials extracted, extent of extractive area, depth of extractive area and ground water test boring to the County. 43. A .landscape plan, showing buffers, berm cross-sections and planting materials, shall be .submitted prior to the Planning Board recommendation and Board of County Commissioner approval of the Special Use Permit. 44. If any condition of the Special Use Permit shall be held invalid or void, then the permit itself - -- - - ---.shah- be void aria o~. no._errect:_ _ ...._- ~.._ - .: ~ _ ... -.~__.. _..-.. ~..____ .~ -... .. - - - 45:The petition to close existing Bethel Hickory Grove Church Road (SR 1104) shall not be considered until the relocation and construction of the new SR 1104 is complete and accepted by NCDOT. 46. Prior to submittal of the Bethel Hickory Grove Church Road (SR 1104) construction drawings to NCDOT, the Orange County Erosion Control shall review and approve an erosion control plan. 47. A 10,0-feet Type F buffer shall be retained/installed around the entire perimeter of the petitioned site. 48. A sequence of events indicating the intended schedule of construction and quarrying shall be prepared prior to Planning Board recommendation to the Board of County Commissioners. to 49. A biological assessment of the entire petitioned site shall be performed by an independent consultant prior to Planning Board recommendation to the Board of County Commissioners. 50. The travel width. pavement of the, relocated Bethel Hickory Grove Church Road (SR 1104) shall be a minimum of 24 feet. In addition, on each side of the entire length of tho road, 3- foot, paved bicycle lanes shalt be built in accordance with NCDOT specifications. 51. The ultimate right-of way cross-section for NC 54 shall be 100 feet. if right-of-way is Tess than 100 feet, a dedication, in fee simple, of fifty (50) feet from the centerline of the existing right-of-way; shall be made. to the NCDOT. Dedication shall be recorded prior to County Attorney approval of the Special Use Permit. 52. The existing American Stone driveway onto NC 54 shall be relocated to existing Bethel Hickory Grove Church Raad within two months after the opening of the relocated section of Bethel Hickory Grove Church Road. 53. In cases of abandonment of termination of operations for a period of twelve (12) consecutive months, application for a new Special Use Permit is required. FINANCIAL IMPACT: None determined. RECOMMENDATION(S): Plannin Staff Recommendation: Approval of the proposed Zoning Atlas Amendment rezoning the property from RB to PD=1-1. Approval of the Special Use Permit, Class A with the conditions as listed above. Administration Recommendation: Refer the proposed Zoning Atlas Amendment and proposed Class A Special Use Permit to the Planning Board far a recommendation to be returned to the Board of County Commissioners no sooner than February 20, 2001.