Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda - 06-04-2002 - 9a
ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 4, 2002 Action Age�{da Item No. y-Q_ SUBJECT: No Fault Well Repair Fund Policy DEPARTMENT: Health PUBLIC HEARING: (YIN) No ATTACHMENT(8): INFORMATION CONTACT: Special Use Permit Excerpt Rosemary Summers, ext 2411 No Fault Well Repair Fund Policy Ron Holdway, ext. 2371 Process and Time Guidelines TELEPHONE NUMBERS: Application Form Hillsborough 73245'IS1 Sample Reports from ABC's Consultant Chapel Hill 968.1501 Board of Health Hearing Procedures Durham 660-7331 4f7102 Community Meeting Mebane 336-2274!031 Announcement Distributed by Empowerment Project 4/7102 Meeting Attendance Sign-in List Signed Comments from Community Members Brochure Distributed by Empowerment Project 5130102 Planning Director Memorandum Clarifying Issues In Empowerment Preset Brochure PURPOSE: To consider approving the policy for administering the No Fault Well Repair Fund. BACKGROUND: The Board of Commissions approved a special use permit for American Stone to continue operating the quarry off NC Highway 54 through 2030. As a condition of the special use permit,American Stone established a No Fault Well Repair Fund (NFWRF)for Music residents whose property Is within 3,000 feet of the perimeter of the quarry and who experience well failures not directly aftinhutable to the quarry operation. The initial fund amount is$87,500 and can be augmented by$20,000 per year if needed to meet the claims of the residents within the defined zone. Well failures that are a "probable resulC of the quarry operation most be handled exclusively by American Slane at their expense. Staff attended two meetings regarding the NFWRF. The Met induced an American Stone representative and their consultants along with planning and environmera l health staff A second meeting included the County Manager and additional representatives from the County's Planning Department, Environmental Health, Budget Office, and Engineers Office. As a result of these meetings, it was agreed that the health department staff would be the primary oversight agency for administering the fund. The points below are expanded in the attached policy statement a The Orange County Health Department will be involved in the administration of the fund in the following areas: • Determination of well hallures • Determination of the best remedy once a failure is identified • Provide technical assistance and laboratory support to the residents throughout the process • Provide information to residents on appeals options for residents not satisfied with the process • Board of Health will hear any appeals of residents who are not satisfied with the recommendations made by staff The Purchasing and Central Services Department will secure and manage the contracts with certifiatl wall contractors for actual repairs or replacement once Environmental Health has authorized the repairs or replacement. This avoids a potential conflict of interest since Environmental Health regulates well construction. The Animal Control and Environmental Health Committee of the Board of Health and the full Board reviewed the draft policy at regular meetings in January, 2002. The Board of Health approved a motion to forward the No Fault Well Repair Fund Policy to the Board of Commissioners for consideration at that time. The Board of Commissioners, at its February 18 meeting, directed the staff to receive community input regarding the draft policy and procedures and bring the policy back to the Board for consideration. Ron Holdway and Rosemary Summers met with community members on Apnl T. There were about 30 community members present. The community members had many concerns about the quarry operation and asked for a period of time W review the written draft and to submit comments In writing. Staff made approximately 200 copies of the tlreft and delivered them to an agreed upon location in fire community for residents to pick up. Residents also asked to have the policy and application available on the health department's wabsim, and these documents were posted for public access. Information and materials are attached to this abstract which detail activities and concerns discussed at the April T meeting. Amemorandum tram Planning Director Craig Benedict is also included to clarify some points made in an Empowerment Project brochure that was distributed. The written comments that were received expressed two primary concems about the No Fault Well Repair Fund. The PoSt was that the policy have a provision for retroactive recovery for well repalre already completed during this period of policy development, and the second requested that well pumps be included in the items covered by the policy. The staff drafted revisions to address these item,and the Board of Health considered and subsequently recommended these revisions at Its April meeting. The attached draft has those revisions undefined. Also attached are materials and examples of moods that would be utilized in administration of the policy. In addition, residents submitted a signed petition that outlines other concerns of the community. Craig Benedict,the County Planning Director, has indicated that he is planning a future meeting with the community to answer questions concerning other provisions In the Speual Use Permit. FINANCIAL IMPACT: Costs incurred by the health department will be charged to the fund on the same basis as though there had been an Individual homeowner request. For example, a 3 Well Constmcticn Permit Fee will be charged to the fund for replacement wells and lab costs incurred for testing well water will also be charged to the fund. RECOMMENDATIl The Manager recommends that the Board approve the No Fault Well Repair Fund Policy and authorize the Health Department to proceed with implementation, subject to County Attorney review. 3a EXCERPT FROM AMERICAN STONE COMPANY/ORANGE WATER AND SEWER AUTHORITY CLASS A SPECIAL USE PERMIT (Piled on October 10,2001,Orange County Rc&tcr ofDeds,Rook 2387,Page 333) SPFMAT.TERMS AND CONDITIONS 14. fi mge County will establish and administer (a)a No Fault Well Repass Fwd(NFWRF)from which frads will be made available to residents within 3,000 feet of the perimeter of the gwmy to repair or replace rcvdw al wells that fail for my ressea other than as the probable result ofAmevcan Stone Compmy'squanyoperwous American Stine Companyorthsownwillbe responsible fer the con ofrepainng or replacing wells that fail as the pmbuble result of its quany,operations,and such repays or refdoecmmt will not be paid for Gom the NFWRF. For purposes of Ws paragaph a well failure is a"pmbablc result'of quarry operations if a qualifid expert detmnines that quarry operations are the most likely cause of the Whole.American Stone Company will deposit 587,500.00 into the NFWRF upon the issuance ofthis permit and for m long as it continues to mine on the pemdttd property,will add op to$24000.00 annually to the Fred if @ange Cowry dctormines that additional foods we necessary to provide for repays of wells that but far my realm other then as the probable result of American Stone's quarry,operations. li aidents within 3,000 feetofthe perimeter of the quarry may file for well relommons until Dmembm 31,2033 or until three years after tem iration of extrection operations on the property whichever firs[occurs.Iftbere are any funds remaining in the NFWRF three years after the termination ofcxtmction olmatiom or Dowmber 31,2033, whichever first occurs,the NFWRF will be om unwed by Orange Couuty and the money mmourrinj;in the NPWRF will be trmsfendl into the County's gerenl fund. DRAFT 4 NO FAULT WELL REPAIR FUND POLICY ORANGE COUNTY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION BACKGROUND The No Fault Well Repair Fund (NFWRF) was established by Martin Marietta (d.b.a. American Stone Company or ASC) to provide For the repair or replacement of wells that fail and It Is determined that the failure is not a probable result of the American Stone's quarry operations. The fund was established as a condition of a special use permit for the continued quarry activities and will expire in 2033 or 3 years after the quarry use is discontinued, whichever is sooner. The active quarry is in -south central Orange Countyjust to the north and west of the intersection of Highway 54 and Bethel-Hickory Grove Church Road. Wells serving properties that are within 3,000 feet of the perimeter of the quarry are eligible for this relief if and when they fall. The Orange County Health Department, Environmental Health Division (OCHD), will assist in the determination of well failures and in the development of strategies to repair, replace or renovate the failures. Other activities involving the quarry and claims against the quarry will be administered through other agencies and will not involve OCHD. Other funds established by the special use permit are not covered in this policy. WELL FAILURE Suspected well failures reported to the County will be referred to OCHD in a timely manner. The initial review of the complaint will be to determine if the failure is related to water quality or quantity. Once that initial determination is made, steps 10 evaluate the well and confirm or deny the failure will begin according to this policy. The evaluation will be made in accordance with field assessment, empirical.laboratory results of water samples, technical expertise and professional judgment of the evaluators. The evaluators will be OCHD staff, American Stone consultants and other experts as appropriate and as deemed necessary by OCHD. Public water supply wells are not covered by this pollcy and are not eligible for the NFWRF monies. DRAFT 5 American Stone Company will also have the initial responsibility, at their expense, to determine whether the well failure is a probable result of the quarry operation. If the determination is made that the well failure is a probable result of the operation, American Stone has complete and sole responsibility to repair or replace the well and the resident is not eligible for the NFWRF monies. The County or OCHD will not be Involved with the negotiations when a well fails as a probable result of the quarry operation except to provide water sampling and technical expertise when requested. Well permits and inspections for replacement wells will be required and fees for those services will be paid out of the NFWRF, the resident, or American Stone as indicated by the findings or negotiations. Well failure will be defined in terms of problems with either quality or quantity. Following is a short description of what constitutes a well failure in both those categories and the procedures through which determination will be made in each category. uantit : A well must be able to produce a minimum of ]SO gallons per day or 100 gallons per permanent resident of the home, whichever is greater. The assessment of the well quantity will involve determining the total depth of the well, the total flow of the water zones in the well, the depth that the pump can effectively pump water, and any other factor that affects the quantity of water the well can produce. Quality: A well must produce water that meets the current or future primary drinking water standards of the US EPA or the State of North Carolina, or other standards established by the Orange County Board of Health deemed necessary to protect against long term or short term adverse health effects. Assessment of well water quality may Include sampling, videotaping the well casing/bore- hole, or other actions necessary to determine the water quality from the well. The following findings do not constitute awell failure: • An inoperable or insufficient pump serving the well (see section on pumps bel • Inoperable or insufficient wiring or plumbing serving the well • Water treatment systems installed prior to this policy that were improperly installed or maintained DRAFT 6 WELL FAILURE DETERMINATION PROCEDURES ualit : 1. The homeowner or resident notifies the Counry of the problems they are experiencing with their well. The information given should be as specific and detailed as possible In regards to the problems they have and the history of those problems. 2. The Health Department will conduct bacteriological and inorganic chemical water samples. Other types of samples may be collected, depending on the specifics of the complaint. 3. If the sample results indicate there is a well failure, the Health Department will notify ASC so their expert can visit the site to complete the probable result assessment. - 4. ASC's "qualified expert' visits the site and performs diagnostic procedures to evaluate whether the quality problems are a probable result of the quarry operations. S. The expert shall prepare a report of their findings for review and reference in further handling of the matters. 6. If there is a determination that a well failure exists and Is a probable result of the quarry operation, ASC is responsible for remediatlon of the situation. ]. If the probable result determination is negative, the expert will refer the situation back to the County for renovation, repair, treatment system, or replacement through the NFWRF. uanti : 1. The homeowner or resident notifies the County of the problems they are experiencing with their well. The Information given should be as specific and detailed as possible in regards to the problems they have and the history of those problems. 2. The County will notify ASC 3. ASC will have a"qualified expert" visit the site and perform diagnostic procedures to evaluate whether there is a defined well failure in terms of well water quantity. 4. The expert shall prepare a report of their findings for review and reference in further handling of the matters. DRAFT 7 5. If there is a determination that a well failure exists and is a probable result of the quarry operation, the well will be renovated, repaired or replaced by ASC. 6. If the probable result determination is negative, the expert will refer the situation back to the County for renovation, repair, or replacement of the well by the NFWRF. REMEDIATION OF FAILURES Repal : Well repairs can be implemented for those situation involving known or discoverable flaws in the well construction. The repairs may Involve the installation of a liner or sleeve in the existing casing; raising the wellhead above the finished grade; or deepening of the borehole. The use of a well repair strategy Is usually limited, especially when the well Is more thane 5-20 years aid Treatment. Treatment systems are indicated when they are the best solution for the well failure. Treatment systems may be the only remediation available for some well failure situations. Examples of treatment systems are whole-house filters, point of use filters, softeners, reverse osmosis units and neutralizers. Renovation: Renovation is generally indicated when there are Certain types of non- pathogenic bacteria present in the well such as iron or sulfur bacteria. Over time, these bacteria cause an Increase In undesirable qualities in the water and many times cause a slime to develop on the well walls or within the plumbing system that exacerbates the problem. The renovation process removes the slime and other buildup in the well and plumbing system through a chemical or mechanical process and eliminates or reduces the levels of nuisance constituents In the water. Replacement Well replacement is indicated when the existing well is failing according definition established by this policy and the well cannot be renovated or DRAFT s repaired. Any new well may need anew pump, wiring and water line in order to be put into service. These items will be covered under the NFWRF. Limitatlons: Each remedlatlon strategy will be allowed once for each eligible well and any long term maintenance costs associated with a strategy, if incurred, will be the responsibility of the well owner. The well owner will be required to sign a release for each strategy provided. There will be no guarantee from Orange County that any strategy will solve the problems with existing or replacement wells. PUMPS Eumo replacement for wells that have not failed will be paid for from the NFWRF b d h f IlQwing conditions' • @died on an average well Dump life of 15 years the cost of the replacement will h I to the of the according to the following chart Well is: Percentage Paid Less than 1 yea r o_I_d 10096 1-2 years old _ 93% 2-3 Wars old _ _ 8]% 3-4 years old 80% 4-5 years old _ 73% 5-6 years old 6]% 6-7 yearsold 60% ]-8 ears old 53% 8-9 years old 47% 9-10 Wars old 40% 10-11 years old 33% 11-12 years old 2 % 12-13 years old 20% 13-14 ears old 13% DRAFT More than 14 years 7% old • Wiring and Plumbing necessary to effect um replacements ill be paid for in the percentages listed above OTHER CONSIDERATIONS Costs: The following costs will be paid for out of the NFWRF: • Repair, treatment, renovation, or replacement of failing wells on Properties within the affected zone Costs incurred in the evaluation and determination of whether a well failure exists, including sampling,permits and consultant fees • Other costs as deemed necessary by the Health Director and approved by the County Manager Contractors: Contractors used by the County in the remediation of well failures shall be subject to the County's competitive bid process as administered by the County's Purchasing Department or other agency as appropriate. Discoveries'. Any well failures or other associated problems determined to be the dire" responsibility of ASC after the initial assessment will be referred back to ASC for remediation. If the County has spent funds from the NFWRF and such a discovery is made, ASC will be responsible for reimbursing the County for the amount spent. Educational Packets: The County should prepare an informational literature packet to be given to well owners as they apply for use of the NFWRF. The Information should detail the processes involved In the use of the fund and what the applicant can expect as they proceed with a claim. DRAFT to EFFECTIVE OATS Remediatlon of failed II to this I' begin only after both the Orange County Board of Health and the Orange County B d of[ Commissioners approve the Polm� Residents that i d costs relilding to II failures Prior to the approval of the two boards but after October 10 2001 may seek reimbursement of th b of supporting documentation for the work, The k performed must have been th consistent with this I' APPEA Appeals concerning the NFWRF fund will be heard by the Orange County Hoard of Health in a manner consistent with Board of Health policies and procedures. Adapted by the Orange County Hoard ofHea/th on January Il 2002. Amended b the Orange County 8 rd OfReasth on Acrit 252002 t, PROCESS AND TIME GUIDELINES NO FAULT WELL REPAIR FUND REQUESTS AMERICAN STONE COMPANY QUARRY AREA A. Problems related to water quantity Process Steps Response Time Guidelines i. Request is received by Envirmnental Health Division(OCIiD) MA from residents or other n O FiD conmots Ammom Sane and advises than of the Contact made wilum 2 business request and the nature ofhere relined. days of re est. i. American Stone consultant visits site, rani a preliminary, investigation,and determines whether a well problem exists and Consultant visits site within 10 if the problem is a"probable result" of the quarry activity. no business days of request. consultant nits findings to OCH D. v. If the consultant Sods that me problems are a"probable remit' N/A of me operation,no further action is ineressary by 00 TD v. Based on afinding and report from American Slone did there is OCIID conPmes or chutes the well problem and it is not a probable result of the quarry, well £tune claim witllln i Groomoq OCHDusHwill: business days of resistor of the a. Confumawellfdilureexide,or Amedcn Stone Consultant report b. Deny the well failure clsim;or or recommends further study of c. RecmnmeW (mdr¢stud of the wall thewell. vi. For well failures that are not a probable result of the quarry operation, OCHE)staff recom amidst Strategy mmmded and a A remediation strategy - an uniformed, Orange County contionfor is coarser witltiv 10 representative commons the appropriate mvnaztor(s). (Go to business days of receipt of foal step viii);or Simple results or after results of b. FnrWe study by a private construct m determine the best "a study are complete. rema]'ation suote vii. Private cousermad completes study and reports to OCHD (go Depends on consultant sohedte back to vi-a. srid. Renediation analogy is effected Depends on contractor schedule Appeals shall be made within 30 days of to Issuance of a deal board on me Coding that no wall is Appealsby Neresidmlalvihe BaadofHedh failure exists or other funding; llrlsa[ISfac41[y to die reSdeAt. Oace made, appeals progress according to the Board of Health Policy on cats. 12 B. WATER QUALITY PROBLEMS Process Steps Response Time Guidelines i. Bnvirovmn[al Health Division (OCfID) receives real from N/A resident ileat or accrual another ti. OCHD contacts American Stow and advises them of the Contact made within 2 buainess request and the nave of the ra luesn. No action is required by days a t made Ameden Stone at this inn. ii. WEE) staff collects water nmples for abil a the State Laboratory,of public Healtb. Depending on the samples results, First couples collected by OCIdD additional sampling may be necessary to fully assess the Will 10 business days of problem.. [NOTE: The tinting of can sample results is not ral under control of OCIID or Orange Commit Results of most samples are resumed within 23 reseal. iv. Based on tlse.vater sample results,OCFID stffwill OCHD corrfimrs or dnlea well s. ed on th dwell sampl result Or £lilac Claim within 5 business days ofreceipt ofthe final terrible b. Dairy the well failure claim;or results. OCHD also ratifies a ReeOmmnd(ndhec smdY O[the wdl American Stone within the 5 business day period once a well OCDA novifies Amerirnn Smna ifawell fa7me exists. a(adore is confirmed. Amerium Stone consultant visit site and capacumce whether Consultant visit site wilhlm 10 We well failure is a"pmbablc result" of the query activity and business days of request reports findings to OCHD_ i. If the cousuftant finds that the failure is a "probable mnlf of N/A %a operation.no forldrer action is necessary by OCBD. u. For well fai nres cat no not a probable react of the quarry, operation,OCIIDnaff recommends: Strategy recovuneaded and a. A ismusliatiom strategy - an auNOri d Orange (fonty contactor is combined within to representative contacts we appropriate continents). (60 to business days of receipt of fetal step ix);or schools results or after results of b. Factor study by a private consultant to detamin the best £tether study are complete. rcmcdimion star iii private consultant completes study and reports to OCBD (GO Depends on conacnnt sehedce back m step vii.-a) is Remediation strategy is effected DepaWS on contractor schedule Appeals abaft be mule within 7 days of the instance of a Claim de ial based on We fire* that X. Appr sbytheresideatsmlhe BowdofHealth no well failure exists or other finding uuntiefacmry to dre resident. Once made, appeals progress aecmding to tlue Board of Health Polio an at. 13 NO FAULT WELL REPAIR FUND APPLICATION APPLICANT INFORMATION: QCIID USE ONLY- Owner: TMEL: Address- City/St/Zip: DATE RECEIVED: Phone: Directions To Property: DATE ASC NGFIFIID: R5: DESCRIPTION OF PROBLEMS: 1. When did the problems begin (if lm awn): 2. Water Quality (please describe any problems with taste, stains, cloudiness, eta.(: 3. Water Quantity (please describe say problems such as loss of pressure, well running dry, etc.(: 4. Is there any type of treatment system for the well water (filters, softeners, etc.): YES NO If ves, what type of treatment- WELL INFORMATION: Please give say of the fallowing information that you know. Leave the space blank if you do not know the information: 1. Well Depth: Ft. 2. Casing Depth: R. 3. Amount of Water: Gallons per Minute (GPM) 14 4. Year Drilled: S. Driller: I authorize the Orange County Health Department staff or other consultants/contractors designated by Orange County to enter my property to determine f a well failure exists. !understand the determination can involve water samples,pump tests or otherprocedures necessary to fully evaluate the well cart water supply system. OWNER: DATE: Sari Rep serJsy"ce� Martin Marietta materials ` r P o.Box 30013 Faklph,11098224)013 rhephwte:(919)7814530 February 5,2002 Mr.Craig Benedict,➢Vector Orange County Department of Planning and Inspections 306F Revere Rns l Hillsborough,NC 27278 Sulm' cC Well Investigations Spe<ial Use Penrdt—American Stone Company Dear Mr:Beneclic4 In accordance with Condition 914 he the above referenced permit,a qualifies expert has rusaxambecl the condition o£two wens that were reported to yens office as"dry". American Stone Compmly,contained with The Water Specialists to conduct this work The two wells are locates m the 6llowing atlmmsea: . Mitchell Hines RoyBelon 1034 Hwy..54 Weat 1325 Bmadwell Road Chapel Hit,NC 27516 Chapel Hill,NC 29516 The amached repots cover the result;of the investigations.Bach well contained numerous mechanical problems as outlined.Bach well also yielded an adequate supply of water.I an including a copy of The Water Specialists hand written report as well as a typed version. A mentioned mboth reports,American Stove Company has no connection b the problems mind at each wen.Ameri•=" Stone Company considms ibis initer closed with r pect b these taro wells and our responsibility as outlined by Condition t14. Please hat me know if you need any additional information on Us matte. Sincerely, w)L# Steve Whitt,P.E. Manager, Environmental Services CC: Rnn Holdway.Envirw coal Health Bill Allgood,American Stone Company 3G THE WATER SPECIALIST, INC. COE CORNERSTONE CT. HILLSBOROUGH, NC 27278 919-929-1557/919-732-1573 PAGE 4 1 OF 1 DATE-- 01/31/D2 EMPLOYEE-- TYLER INVOICE 9-- 19029 COST. CODE-- MARTI- - SOLO TO- JOB-- MARTIN MARIETTA ATTN STEVE WHIT- PD BOX 30013 RALEIGH, NC 27622-0013 COMPLAINT ISSUED BY MIMES 12-07-01 FOR MITCHELL HIDES 109E HWY 54 W. CHAPEL HILL, NO 27516 FINDINGS' NO NEIL 740; WELL SEAL NOT TO CODE; ND ELECTRICAL GROUND; WIRING NOT TO CODEI WELL YIELD AT 6.5 GPM; PUMP YEILOING 1EF GPM; NO INDICATIONS OF "DRY" WELL FDUNDINO DISCERNABLE CONNECTION WITH AMERICAN STONE QUARRY FOUND; RECOMMENDATTONS: REPLACEMENT OF PUMP SYSTEM BRINSING WELL HEAD, PUMP AND WIRING, ETC, TO CODE AND PROPERLY SIZING PUMP FOR W_E_L_L__INPo__W__,__DE__PTH ETC. INVOICE TOTAL 5450 .00 DUE UPON RECEIPT x*** PLEASE INCLUDE YOUR INVOICE NUMBER **** �'' �espYnse �po�-f- / CcJell Tn� ps�� � �H-,, L, c-. 1 63 Y 4w y 5 y (A) VIIIco ( a 75i(p 6 weQQ �-a � I 9 ® Well {s ea �1 r1o'{- -tv Codes I., Npoet �co �1 1 1 O C� roun /W7 �-vn) TJOr �/-O CadQ 5 ell .p/ "rely Fe y gyp , IN 5P re� ic��r s o � " d y weI I ,��Q ReQ ateme�' oT �'JUw-� Sy �e✓� brl nsin9 (�+ r +-rn5� arc , I -}-o 'I coCle n1�c� a ;zI n5 o-f ip ur� -Fa we II I,;j 1tr�5.gt 15;M "fdS(FPRtB4T'it: ry TIN NIEP . . W.07 91 F w 3 XKMn B 16 American Stone Onam Complaint Form ++F'^RON 1• C��Ai t��N,F,O�R��A'��TTOH swfbrembeTBtWFCBmeWmr•'�y�•Ar ® ata] FbmBt we..a 1.119 ♦p nATB� r Prop9rty OwpedC** . tli .'wl - ebphem Nimber. 4S imBOt: ^x N1mLY. P•=P�b SVan Mdw: may. 1`\\ NG 2�+I6 Complaint Ba 8&e�BrF P Ba.b SACTTON a• PAOf'P _ V nPtlPQtYlaaaedvtitfi(u3r000iexol�hequcq diNW[ ® NO (re.v 3X WS,Beaf 4be WASCbl , CEATOM Mreept) S)m P N P apmp 4ATECOmplditt+sfavtl WAmenr�smee Ce�PBtU' �\ �9eS aunt wro,a,ASC,as me�Irimmforcea W: . '��,� PwIYImBe; 4r&•roae r nwrz morose mamt,.meBm IfmaBplBim iameBNedbywbe,compute ma Remlullee ofCm+plBiM Baetlmbetow. �ASCaspmt Emma fcibuevel mub amvl[ofquaeyepeaemta OR membJeoeptoy¢lyU 9.SW msmr�me quvrydietritihewdBrB.mma copy e(eomple+nt W9m+md,i< .pPlbebk.ASC BBpott Bhallbe amt W SpvbwmmNl BeJm, DATE complsiW mtm/ASC rqP mfamd W HOvLe Ht&w Copy ofeempbiatmm and ASC avpettamt by. 1)FAX ])WP8 M lYpo W Awhmmmml ECa+1m vaz the romylelvl refmaad W: DATA mW�P1aWesasoluaw rrBamoe/W mom EpWlv®mfW Hwtm: 1_ O UMN OF COAML INf L9 THE WATER SPECIALIST, INC. 603 CORNERSTDNE CT. 4-LSBOROUGH, NC 27278 919-929-1557/919-732-1578 PAGE k 1 OF I DATE- 01/31102 EMPLOYEE-- TYLER INVOICE %-- 19031 DUST. CODE-- MANTI- - SOLD TO-- SOB-- MARTIN MARIETTA. ATTN! STEVE WHITT PO BO% 30013 RALEIGH, NC 27622-0013 COMPLAINT FOR BELTON ------------------------------------------ 11-30-01 FOR ROY BELiON 1325 BROADWELL RD. CHAPEL HILL, NC 27516 919 967 4995 FINDINGS WELL BELOW SURFACE/NOT TO CODE: WELL ')ENT MISSING-:UBIECT TO CONTAMINATION; STATIC WATER LEVEL 36': BEGAN PUMPING AT 13 GPM AFTER 75 MIPIUTES WELL OELTVEPED 5.25 GPM: IRON CONTENT WAS 10+ PPM AT THE EIJO OF THE TEST; WELL DIRTY ANO HAS HIGH IRON CONTENT; 40 BISCERNABLE CAUSE AND EFFECT W IN AMERICAN STONE FOUND; ORIGINAL WELL TAG INFO- INFLOW 2GPM-185' DEEP; PUMP OUTPUT SUCH THAT OUERPUMPING CAN OCCUR, NO INDICATION OF "OVA WELL FOUND - RECOMMENDATIONS; 1) REPAIRS TO E%IE7IN3 WELL- RAISE WEL'- HEAD: CLEAN WELL; LINE WELL; REPLACE PUMP 2) REPLACE WELL- NEW WELL; NEW PUMP INVOICE TOTAL $450.00 DUE UPON RECEIPT xx*x PLEASE INCLUDE YOUR INVOICE NUMBER zxxs ill /7P�O l�/2 �YeP9 -t/!/v P/��i7✓er �4j''. Rddress; 13x5 �raad�ll � • C. {4 . NC H-f wQ�S he4� be loW Stivy-aCP/!7af `Fd II I o a, Wefl vehF rnisst ^5 sv �Jeo4 t C�4ami n44 4. 2f!n +1 1pomp ^ ' + 5. S4-opffd 9� v pm`7 eve1 a--� h5 m : rJJ4 s rn � en p : 1�1�D �iSCe/Irnp�p ( e CaJSP a /n of �� �oun Q. Or)S ) l We( l yied� Sfan,�oe� as 35Pm W!�A ct Jep A l6 'YUrvs.p . ou4ru+ 5uch // 7'Eja/� Oaerpvmptr+/ can a! c-wr/� /luo 7 r• �� /-Y un C7 ear� w e ° _ �..� I zi St�f�eps r_s o .e.x.is q{ wI in d - - �_--A , Je, I i ! I i zz American Stone Quarry Complaint Form SECTION I: GENERAL INFORMATION StalFMember Taking Complain: _By: relephortatJ Mail Select tnaamu TMEIL �-. J� iP DAT//E\\:�� a l4)J Of roperty omplammt Telephone Numb4WJ!9a-9111 a�tuq Telephone Number F7 Qb!h —404 r Propert smet Address:1122E 6.A4 aSL Complain y� LI �Lw.vo6ss.a..c...14w.zr h SECTIONS• PROCEDURAL STEPS E Property located within 3,000 feet ofNe quesry,distract bow YES NO tnm.aK If YES,a copy of this font shall be sent to ASC by either: ach report) 2)CERTIFIED MAIL (keep receipt) 3)IN PERSON m..rwn DATE complaint odlernd to American Slone Company: J\ Dar .3041 Who,n ASC,was the complaint referred to: do BNj Phone: DATE the ASC report returned If complaint is resolved by ASC,complete the Resolution of Complaint rexdicn below. If ASC sport states failure not due to a result of quarry,operations OR the subject pmpeny is over 3,000 feet Dem the quarry,distract boundary,then a copy of complaint form and,if applicable,ASC report shall be sent to EnvoorunenW Health DATE complaint form ASC report referred to Environmental Health: Copy of complaint form and ASC report sent by: 1)FAX 2)INPERSON Who in Environmental HealN was the complaint ref dto: DATE tat complaint reactant was received ham Enviromnwtal Hea des RESOLUTION OF COMPLAINT: 23 ORANGE COUNTY BOARD OF HEALTH HEARING PROCEDURE FOR APPEALS NO FAULT WELL REPAIR FUND NOTE: The foROwing procedure is used bytbe Orange County Board ofHeWth in mature regarding the Healtb Deparmaent staffdecieiona in the administration of the No OWt Well Repair FUnd ItshoWdbereadandwWersmodbytheaggriev partybe£ore Processing with the hearing. STEP I -the aggrieved Patty files a formal appeal rewriting to the Board thmugh the Orange County Health Director. The appeal should be specific as to the reasons for the appeal. STEP 2 -no headog is scmduled by the Health Director or the Health Director's represmtarive before a sub committee of the Board(i.e,hearing officers). STEPS -nebearing no entire hearing will be electronically recorded and the recording will hour be hobnobbed. During Pas hearing,the following will be the sequence of actions: e limoducthers of WI parties. • Presentation by the aggricvcd party as to why they believe the Division stuffs noupreretion(s)and unionist are in error. e Presentation by Envi[ovmevtal Health Division staffesplaiving or defending the whom of the Division. e Question and answer period for all involved parties. • Closure of club formal humbug. STEP 0-A preliminary transcript of the hearing ME made mailable to the aggrieved party,the Board hearing of&cas,and flit Division staff Er corrections and clarification. All parties shoud make cormctiova avd remm[hem Write Division for the final transcript preparation. STEP 5-The final tans rips will be seat to all parties preswt at the hearing and to the full Board of Health. The hearing officers may also make fuller comments or recommendations m the fail Board. STEP 6-The appeal will be on the agenda for action at the next fall Board ofHeWth mcetng after the transcript is finalized. STEP l-Once the Board takes action to uphold,deny or modify the statl'docision,it will true awritten decision to the appellant. Attention: Quarry Neighbors! 24 The Director of Environmental Health and other Orange County representatives have agreed to come to our neighborhood to respond to our concerns,register our complaints, and explain the compensation process for well & structural damage related to quarry operations. The Community Meeting will be held at: Snipes Farm Retreat (at the very end of 7o Mac Road) Sunday, April 7 3 p.m, until 5 p.m. Discussion will focus on the No-Fault Well Repair Fm 1. All quarry-related concerns,however,will he heard. Please rake the time to 511 out this survey so cast your concerns can be property addressed. Number the items below,in order from Most Important(1)lay Least lmponaat. (Ody number the hems which concw you.) Bring this to your Read Captain by Evater(March 31st). Noise. comwusl miss of rock crasher, _ PetrnchwviWs from old asphalt plant _ blasts,trucks leaching into soil and water Air, dust parades _ Water quality _ Diesel fumes _ Orvuvd vibrations from explonom New quarry houra(7am-7pe, _ Well and pump damage Monday through Saturday) Foundation damage _ lawemed vane Road relocation;dangerous vane patterns Kudzu crosong the road when it is — relocated _ Other Radon rfynu have any questions,please contact your Road Captain: zs Name plaza:circle: Address: I em willing to Speak at the meeting rn rding my neonates about the query. YES NO Day Phone: 1 would like to be mvtneted about future Evening Phone meetings. Email: YES NO How long have you lived in your home? I would&a somaone to call me about volunteemag with the Ipassroms a Vrt Supporting one commnnitys welfare? YES NO Please,check box Vappropriate: Ihave not received and vow need uIrto-dat a and clearly scored information on El policy issues that effx[me as a resident living rear the American Stave Quarry. "A 26 . , 7 ) ~ s � | \ ) � � • � � a , La / cze rV ova B J w �b M 80 CE a Z9 To: Qrage Cant Navin RPvmenl J& nlRwt Oivwa wllebMugh,w 77M n:Ne WF.Wf WSll Wpev F9W PotioydreR A mmm Nceme ine undaragupl madeom lividyy oev Ns Ameduugmve 9psaY.mbivl Nees s Ixo�er.TM ovs�np hxHL gpd aW Pna d m ammaoib b n rit dw m hAmeriv.a SUme Query epmnl{me.pm Wilmrnu�Iyumeommnero w.rergael ty aaE wdl nxaE wlevelo6Mdcume my afnihnevwwepulMw lutlnn,nvtl PPcc +mWP��➢➢es pmmaviy ffic" lmmmWee wafm.Themeinn fmblemenphphplwhad ppo�oN�wm��mJlen�ugmde�egmw wegary 4mve Chumh Rind w e w OWA5A rtl NC nbeazladeeNel- WmdmrimiemxmmmmY• Q'°nYaPmW+cd plmam lu e"pemns dmopmednn Nn will hww,hinemNNro Nmtly WYreingwdl iMivMa'n.Wlc wu aziae fmm caemmm mbmiladn Neg®M dl{cyN Y e°9Rn Nefdlwrin} Nnrth9eadvemn�pevnua be pdd wtlmmreWtlmn whnfa win dommaagg Nn avnagy weld hove be®mvend by dm Na F (Wvl keps'w Fmdbnhedam dvdeae pojky dnpWri.g NWrdmgul avgspeimblh.eppmval • WllhepmicryY ddmunfgniGmnay gmemrreNenehmmld Nefatlm Nmrhatund emwom forinlletim noaeamu�Nlymmpeemim(m imnmminaemgeaee inNnifisd Nmaag be®nuwiNNegmvy�a npnnieo • wag bnna�Rbkm�(n huilllbwl�Y��NetpompfnlmunmlEng Omn W° uP em.)m Wwcweretl by Ne(mW y/�"` MeilmgAdNpn PhooaN�bn ""`^"eu�- P9o7,Y�rglaeew lir 6�G p'c aas�b- �ti tn�2 gr byldr yrC DEtt� ; to O �< . 40^ } ft- aivi Tatto&Qw Q KzZStVC919�461'3193 _•.iu�u7, 9dgr... a/sa n Ax.. ov Cloy✓ &« 1V.e Qam koL RiR�'�e.""�°a^f � 'fie jYV,.. Ka• 1 ' l� tl �"�C n11<P°�IdU�, XGZasc f�Ya9�I E EMPOWERMENT.PROJECT Rd,Mcb,l,.0 q;,U, NC. a9sir� 1-,e^w';� E 9 rn ta97..e.� 88F 1 sn,p.s -+W� Rd _ chil i d+� .Za`.0 �Oi O�uan a33e R�. — Cyr y Hill tic a�sib 31 TV. OrangeC=,Walth Dapuvvsvt fnv-Cve NealWDiviaim 3J6Camil Ram HJlabom�.NC 2'12'18 m:the No Fault Well Repair Vice ThAmy amt we.me nnae�N�mmaiaemuBw'nR maamaemv snmynxy.wmolt mmm enmmew vdm tmM Thedows, balmam wdbn tl'omwmmualit ameatl w American 8<ava Quarry mpeneow Om primvry concema are wntx quality aria well faeuR awulwal a.m.pe naxhmtx,mmleanoim pWUtim,aNpotmniegy hxnreoualavdaofmitoe namr In tbe le u well as Mmpdmnatinceninogxily I vets dmiw npeea anettx�anmhnRgem,mPnUlanetnlaontillad ��a- aa.atnmlemR pmpweu NOCeeonaBe wdmey env.ehnmh Ran accmmmNeowASA na me Qnarry'.pmpona plans too Nao ofecriwa ecn«mnm®y. m..pnt&moomation thatwill hopefully bring muarnPeople elmmY sarceNnY wan Pmblamx m ox ama,we,aaWc foam cammade sobail on to Board a Me& imiviauaBy.collectively Minot me tolowmg: • mN nnoective co�awtimhpeianmxaa®demawbm lounmawall ea.Y. tm wdallYyw Iahave bennemaM by the NoFWt WNIRepairWMbut had eheaey ewkn t4ufioxwiel I men dmPNeng Jlrirdavwged waW prim meeppoval dma dmldwmva polity • mst dtc policy Mdrcaa NenifcanJY erxar mpleviahmavtotthefwn mmN mefma .eec marximmtiomma we$lelery nnmQemauatm itmmaaa io a.a.gaea iou®n.aWaaoe heairxwl m.q®manwo.lan • mat meleogvepe N'We pmBry mole eleariYl�cx<mY Parts failure multlnY(tom wen-relama pmWems(amen u nitmin-upete)®maw coveoeahr m.tam /6Ftibme Addax 1 Phone Nmmbx `qoo Vo `TI4-96-I-) 91 �, :'n k Tf11e Z2el 949615� \ /) ) i � / / \ ) • ` wi ! i { { | E ! ! © © j / » - w ! a! , ) ; ) ; | | ) lE a ; 09 ! ) ! ; 0 | t � 0 | , § ! 0E ! { ! } \j # § | z | o � � ) � / ! # / g ; | _ | ■ ■ { | ! ■ | | / S ! r no � ) T ! � 1 0 � ! ! | EZa \ | a ■ ; . ! Q | | { L d C p 33 a p R U K W a m 0E ul O Ed a m a d 2 � c m w Y a c YI u° 5 �d N O ` Y yy « ■ tlN 60T WO • m � � � 3tl �m � pep p� G m C Y = N N H C g 6 O Y N E IL 2s' Boo ORANGE e 6 INSPECTIONS DEPARTMENT Memo - m John M. Unk, Jr., County Manager Board of County Commissioners Hart Call;N. Benedict,AICP, Planning Director ea. Thursday,May 30, 2002 ae American Stare Company The American Stone Company(ASC)and OWASA have a Special Use Pe"k(SUP)bhatmgulates Meoperagmeo equarry. The SUPisarecorded (October 10,2001)document that was adapted by the Boad of County Commissioners after twelve(12) years of project reNew and mediation,which seta forth My-"(5 1)cond Mons mintecl to this quarylnsal project The attached bmchum from the Empowerment Project notes some of the condifiens(which are oross-resienod to the actual SUP)by the numbers adaoent tothebrochureboxec. The subject brochure reasonably abridges the actual tad of the specific germane sections of the SUP whirls a attached On April 5,2002, Orange County Planning &Inspec on's staff wrote a letter (see afiached)d Chns R m of the Empowmment Project, offering to meet with the community(and!American Stone Company(ASC)or OWASA ff neosury)to discuss implementation and speafic party responsibilities of the SUP. Atrad,mem t - Empuwmnent project Br d Ara ism 2 - 5 rs oflhe SUP Atfachmcmt 3 - 45{✓t Plemmg&Irnpxtionsltthrm Empow®rca[Pmjxt Ic 35 : EC IN . . ! , | • « - � Ui � ! | f Is » • . \ � ; | � ■ ■ � c V: c § � � r u 9 . / ) � | k ¢ z m o | � § . ^ 0 090 / / \ z /} A ="l / \ / / / � . � ! t AMC { G g # ® f/ ® ~ '. G 5 � 0 PIC © | ` ) ® / / \ G . � Q ! &2 ! 0 < § ! 2 | » ■ ` ! , | $ i ] 2 ! M >_ wi , . ! - ! ; � l . | ! ! ■ !! § ! A ( � 0 | ' ' ' tw ! ! | . � aa r / no | / ! | \! C C Ill 2 § ] ! | 7 cc o ! , ! • ! | ! • . } | c a } � 37Ej � . • • . nn2387 1:.:i 330 sr DRAPTEDIY: Robert P.Davis,Orange County Planning,It& F nA, _ {iui tiL COUNTY OF ORANGE FOR fd L'LTIPLE Pff SI{EET NORTH CAROLINA SEE BOORS pAfiE 'i g2 . SPECIAL USE PERMIT,CLASS A KNOW ALL PERSONS BY THESE PRESENTS,that the undersigatcd,American Stone Company,P O.Box 30013,2700 Wycliff Road,Raleigh,NC 27622 and Orange Water and Sewer Authority(herein" WASH'),P.O.Box 366,400 Jones Ferry Road,Contain.NC 27510 having applied to Orange County for a Planned Development and Special Use Pearls, Class A for the use and development of the properly hereinafter described the same was granted "range County on April 3,2001,the terms of which arc as follows: NAME OF PROJECT: American Swne Company and Om ge Waterand Sewer Authority for the purpose of Exception of aft Products/Reservoir until,at the[men,December 31,2030 and OWASA forthe purpose ofconversion and use of the facility as a reservoir m the termination Of quarrying operations. TYPE OF SPECIAL USE: Special Use PdrniL Class A and Plarmed Development NAME OF PROPERTY OWNERS: Orrnge Water and Sewef AuthoriTy and American Stone Company DESCRIPTION OF PREMISES LOCATION: North side of NC 54 on bath sides of the intersection of Bethel Hickory Gross Church Road(SR 1104). TAX MAP REFERENCE: Bingham Township,Panel Identification Numbers,989-54-4097, 975963-9 813,975962-1992 and pan of9759-44-2780 DESCRIPTION OF PROPERTY: All of the property described in the following legal description. BEGM UGaianironinthenctt rightofwayofN,C.Highway54,the southeastern comer of Tract 2 according an the survey described below;thence, North 6° 22'59s West 626.73 fet to an iron pin;thence,North 120 53'58" East 1,695.11 feet to an von pin:thence.North 12 °ST 58' East 514.65 feet to a point, thence.North 56' 52'22-1 East 455.66 feet to a point;thence,South 37° 55141" East 217.19 feet to a point.thence,South 86° 54'44"East 1,650 feet to an Gan pin;thence,South 26° 43' 18" East 688.92 feet m a point;thence, South 26° 43' 18"East 33.18 feet to an iron pin;thence,South 270 23'47"East 806.56 fen to a ATTACHMENT 2 point; thence, South 420 52'37- Wen 88.54 fete,thence,South 41- 56'42"West 104.49fast to a point;thence, South 4l° 50'58"West 93.26 feet to a pointy thence,South 54°11057" West 165.19 feet to a pointy thence,South 65° 41'23' West 22.92 feet to a point;thence, South 65°26'54' Wen 135.50 feet to a point; thence,South 25° 55'28"East 106.63 feet to a point;thence,South 25° 52' IT' East 15255 feet to a point;thence,South 26° 44 00"East 195.97 feet to a point; thence, South 5° IT 35" Fast 175.99 feet to a point;thence,South 7. 16'50"East 159.20 fen to a point thence. South 210 40'3C West 148.28 feet m a paint. ^^e.239Tes= 331 38 West 1 South eel 52'6"Fast 111.84 thence. feet to a point;thence,South 18° 2T 16' West I BS.ut feet m a point:thence Sp feet 480 23' t;t Wen 276.69 feat to point: West thence. 420 fed 170 a2'29"West 81.89 feet m a point;thence,North 810 o apoi Wen 1a orth8002452" them 687.7 th 04- dtoa'xoi West 3M.67 North b)-2 '52" thence,NOnM1 80'24' t;t West South fen 4'a point;thence,North o a 24'S2" West 74.23 feeta paint;thence, care 51°24'29"Wng a radius 7aconcrete monument point; thence along the are of a curve having aradioe of 5]52.32 fen a length of 185.32 fret,a delta of West 50' a Pit and la185.31 feet and a d hoi bearing of North 83°09'4a" West m the point and place of 11104 as and being Tract 1,2,4 and 6endpart cunt ConserrigToofwayof SR1104an ateribed in the Plat entitled"Orange County Conservation Easement OWASA Water Storage Quarry, and revised prepared by Freehold land Surveys, eco dated August 28,2001 end rcvisd Seprembm 20,2001,which plat is reeordd m Plat Booker,Page als,Orange County Registry. SPECIAL TEEMS AND CONDITIONS The Board of Cammissioneo Of Orange County approved painting a Class A Special Use Permit and Planned Development on April 3,2001 applicable to the properly. The property subject to the Special Use Permit is described above and shown on the site plan drawings 42,4, 5,9.13 dated September 20.2000 by Steven S. Whin,NC Professional Engineer and landscape mowing 915 dated December 5,2000. The property,owned by Orange Water and Sewer Authority and American Stone Company,is approved for a quarry to be used by American Stone Company until December]h 2030 at the later. Ater me termination of the quarrying operations Orange Water and Sewer Authority will convert the site into a water reservoir.The terms herein command are binding on the present owners and lessees and their successors in title and in interest until such time es the project herein described or the conditions herein are otherwise changed by government action. The quarrying and reservoir operations shall be carried out or concocted in accordance with the Site Plans and all commitments contained in the nmrpose statement of the project all of which am incorporated herein and made a part of this Special Use Permit. Copies ofthe site plans and supporting documentation are on file in the Orange County Planning and inspections Department. Except as detailed on me Site Plan,le property will remain and he maintained in its natural condition. The conditions ofappmvm are as follows: 1. In addition to the two existing observation water wells shown on the site plan,American Stone shall construct a third observation water well on TM 7.112..31A to monitor the effect of the quarrying operation on the local water table.The minimum depth of doe observation wells will he at least 25 and below,the lower level ofmc pit. Mean sea level elevmion shall be determined a the wells,and water levels shall he measured weakly in relation to mean sea level The results ofthemeasurements shall be sdammumlyto the Planning Department by the last day of February each year. OWASA will analyze the quality of the water from the well on TM 7..112..11A upon the request of any adjacent property owner. 2. Applicants shall not use the access easement to SR 1103 (Io.Mac Road)described in the ded to the TM 6.28.AA for removal of overburden of access for marks to the extraction site. 3. No extraction shall onto place within 300'of a residence or public land. if a residence is built within 300'ofine extraction site,a frnce shall be constructed on thm edge of the site by American Stone Company or OWASA. icc,2367 wr 332 9 0. Stockpiles and overburden piles shall be s. least stand not all streams on the site except where protected by approved catch basins.This shall not applyle sefinered,sded berms or beans under construction. The maximum height ofNe stockpiles referenced on site plan drawing 42 shall not exceed forty(40) feet maximum. 5. The hours of operation of the pit and processing plant will not exceed the time from 7:00 am -7:00 pm Monday through Saturday. 6. The stream bed and banks of the channeled portions of PIR's Crest and the areas around the setting ponds shall be stabilized. The applicant shall have a continuing program of fertilization and maintenance on areas adjacent to the smeambed of Phil's Creek and amund the sealing pond. 7. Applicants shall maintain a 50-foot happen between the excavation pit and Phil's Creek. The 50JOOt buff shall remain in a natural state to be maintained by American Stone Company. S. A water wagon shall be operated at the site as needed to keep dust leaving the site to a 9. One year prior to the end of the extmcton process,American Stone Company shall Purify Orange County in writing of its intention to cease mining. The County shall tour he site to commune what areas that need further preparation for the closing of the site Of particular concern on this inspection will be: (i) net the sending ponds are fully stabilized and the spillway is in pod condition. (Ib That overburden and spoil piles have been completely graded and sloped to prevent slippage and erosion. (iii) That the slopes are stabilized and se dad to Orange County standards. (iv) That the site be adequately prepared for conversion to a reservoir 10.The applicants will ratify Outage County in writing of the expected final date of operations. Orange County will not release the rehabilitation bond until operations have ceased and all real that have been climbed,Worked,sloped,cap. have been stabilized to Orange County standards. - 11.A rehabilitation band guarantee shall be posted with Orange County in a form acceptable to the County Anthony in at amoum equal to the cos of rehabilitation as certified by a registered engineer employed by American Stone Company,less the amount required by the State of North Carolina pursuant to the North Carolina Mining Act. 12. No blasting or Acne processing east of the current location of SR 1104 shell take place within 500'ofary property line ofproperty not owned or leasod by O WASA or American Sane Company. 13. All quarrying operations shall cease no later than December 31,2030 at 12:00 noon. 14.Orange County will establish and administer: 2387 +: 333 nu (a)a No Fault Well Repair Fund(NFWRF)from which funds will be made available to residents within 3,000 feet of the perimeter of the quarry to repair or replace residential wells that fail for any reason other than we the probable result of American Stone Company's quern operations. American Stone Company on its awn will be responsible for the cost of impairing or replacing wells that fail as Ne probable result of its quarry operations,and such repairs or replacement will not be paid for firm the NFWRF. For purposes of this paragraph,a well failure is a"probable result"of quarry operations if a qualified expert determines that quarty,operations are the most likely cause of the kilurc. American Stone Company will deposit$97,500.00 into the NF W RF upon the issuance of this permit and for an long as it continues to mine on the permitted property,will add up to$20,000.00 annually to the fwd if Orange County determines that additional funds are necessary to provide for repairs of wells that fail for coy reason other than as the probable result of American Stone's quarry operations.Residents within 3,000 fen of the perimeter of the quarry may file for wall reparations will December 31,2033 or until three years after orientation of extraction operations on the property whichever first occurs, If there are any funds remaining in the NFWRF three years after the termination of extraction operations or December 31,2033,whichever first mews,the NFWRF will be terminated by Orange County and the money remaining in the NFWRF will be transfered into the Coumry's general fund. (b)wother fund which will be used primarily as another source of funding to provide no fault well repair.Orange County may also use this fund W pay for community health, safety and welfare proposes,related to quarry,opemtionn and impacts,determined to be appropriate by the Orange County Bost of Commidamerrs in consultation with the Bond of Directors of O WASA.Community health,safety and welfare pmpoacs for which money from this fund may he appropriated by Orange County are not limited to purposes within 3,000 fee[of the perimeter ofthe county.OWASA will deposit$15,000 annually to this fund until the year ending December 31,2030 or until the year in which extraction operations on the property tamirwte whichever first occurs If ill= are any funds remaining in this food three years after the termination of extraction operations or December 31,2033,whichever first occurs fund will be terminated by Orange County and the money remaining in the fiord will be rcanskned into the Cowry's general fund. 15. Within two years of the issuance of this permit any property owner within a 3,000 foot radius of the property encumbered by this permit may regwst American Stone Company to conduct a pre-blast survey of structures on his or her property.An outside consultant selected and paid for by American Stone with expertise in this field will perform the survey for the purpose of documenting with photographs and ether means the condition of the structure at the time ofthe survey.The expert will provide a copy of the survey all the homeowner. American Stone Company will,acting in good faith deept responsibility for any damage alleged to have occurred after the pre-blav survey where the pre-blast suvey,and blasting dam as determined by an expert indicate a probability but hot a certaintythat the damage was caused by line activities of American Stone Company. 161 American Slone Company will maintain a notification directory of all neighbors living within a 3,000 foot radius of the perimeter of the pemtitted properly who request notification prior tableaus American Stone will attempt in notify each neighbor requesting notification of planned blasts by telephone at the number provided by the neighbor n lent 24 news prior t0 the blast. =nv=7 r,c; 334 17. Within two years of the issuance of this permit American Stone Company shall complete Ll the installation of baffling equipment in accordance with the guidelines and in general conformance with the National Scone Association's Community Noise Manual for me purpose of reducing plant noise. I8.American Stone Company shall continue its current"hemming"practices that were implemented in 1997.This change represents son increase by 10%over prior levels ofthe aunt of"lemming material"used on the top two benches of the existing and expanded quarry pit. 19. American Stone Company shall construct a 20'high berm, landscaped with grass and trees as recommended in the National Stone Association's Community Noise Manual,between the pit and relocated SRI 104 as shown on the submitted Plans for the purpose of reducing noise in the buffer area surrounding the edge of We quarry.In all instances,the berm adjacent to the mine shall be expanded ahead of the mine expansion 20. Prior to commencing blaming operations on the east side of the curzeM location of SR 1104 and in all events no later than Ihree years from fire date the issuance of this permit, American Stone Company shall begin to enclose equipment used in the secondary portion of the plant operations including the crushing and screening towers following the guidelines and in general conformance with the National Stone Association's Community Noise Manual and shell complete the enclosures within four years from the date the permits are issued. 21. Within scorn years of issuance of this permit, American Stone Company shall relocate the primary crusher and related equipment to the pit 22. American Stone Company shall request that the following conditions also be made conditions of its amended mining want (a) American Stone Company shall use the most current, amorously accepted blasting techniques available and will inform the County Manager,or designm,before changing Wasting labrdques. (b) American Shine Company shell adhere to the fallowing limits to be measured by seismograph at the nearest property line of pmparry under control of American Stone Company during the mining process; (i) Air blast limit of 325 decibels. (it) Maximum peak particle velocity of 0.6 inches per second,provided that American Stone Company will arrive for a maximum peak panicle velocity limit of 0.5 inches per second. (c) American Stone Company shall limit its continuous noise operations(plant processing including the jaw emsher)at the boundary of the property encumbered by the original special use permit and at the boundary of the property added to this modified special use permit to 60 decibels. 23. American Stone Company shall limitblaslingcharges ton maximumof325 powdsper delay,and at least 80%of its blasts will be less than 300 pounds par delay. sc:r2387 rite 335 24, American Stone Company slmll take all reasonable precautions to prevent fly cock from 42 leaving its property. 25. Wben blast ing east of the current location of SR 1104,American Stone Company shall monitor each blast with two seismographs. One seismograph shall he 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. 2fi. American Stone Company shall encourage all[took opemtom leaving the premises to he mindful of lawful weight and safety of load practices,including the use of covers when required by law. 27.American Stone Company will install a truck spray bar and rumble strips,and will require all Issued woks leaving the site to pass over the rumble strips,and will wire all truck operators with uncovered heads to weuheir loads before leaving the site. 38.American Stone Company will post and maintain a mice in e prominent position visible to all truck operators leaving the site encouraging them to keep their loads covered and advising them that N. C. Gen.Star§20-116(g)prohibits a vehicle from being driven on any highway unless the vehicle is constructed or loaded so as to prevent any of its load from dropping sifting,leaking or otherwise escaping from the vehicle. 29.American Stone Company and OWASA agree to compensate the owners ofpropaty within a radius of 3,000 Pon of the perimeter of the property meumbed by this precut top the loss of fair orarket value of their property,if my,resulting from quarry operation according to the following guidelines (a) The properly owner makbg the request must have continuously owned the properly in question si m January 1, 1978. If the lass of fair market value is for a structure,it must have been consWrted prior to January 1, 1978. (b) no formerly owner must have closed a age of the property or a loan secured by the property,within thirty days prior to the date the owner makes a request under this genii and the owner must have made a goad path effort to obtain the maximum sale price or appraised value In the case of a loan. (c) Property owners may make use of provision only onetime for any single Property. (d) The procedure for seeking compensation shall be re follows: (h) The property owner shall notify OWASA in writing of the request. (ii) OWASA and American Stone Company shall engage an IdN Appraiser (Member of the American Institute of healmrx)from North Carolina who has not been used by American Stone Company,Marlin 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 detemine whether the presence of the Amenean Scone quarry ad%arm ly imparted the contract price or the appraised value of the property in the case of a loan. American Stone Company and OWASA shall each bear one-half of the cost of the appraisal. American Stone Company and mov2387 - 336 OWASA Shall attempt to have the appraisal completed within sixty days of the 42 submission of the request by the property owner. . (ii) American Stone Company and OWASA shall provide the property owner with a copy of the appraisal as soon as it is submitted. Ifth<owner is art sarisfied with the results of the appmisal,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 an 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 quontifv any decrease in the fair maker aloe of the property resulting farm quarry apemtiora,if any. OWASA and American Stone Company shall pay one half of the cost of he third appraiser and the property owner shall pay the balance. (v) If the three appraisers report a decrease Or fair market value resulting from gtrmry operations,American Scene Company and OWASA shall radt 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 is settlement for any and all alleged diminution in value to the property,resulting firm quarry operations which will be binding upon the property owner and his or her heirs,successors and assigns. 30. American Stone Company will monitor air blasts and peak particle velocities with sm macris at the locations specified in paragraph 25. Any neighbor who requests advance ratification of blasting as provided in paragraph 16 will be allowed a be present at a seismograph location to observe the recordings at the time of the blast event. 31. American Stone Company shall make its blast reforms and the data pmvidcd by its onitcring seismographs available for inspection and copying at reawrable times by citizens and governmental bodies. 32. American Stone Company shall provide up to$2,000.00 in support of an initiative to document and memorialize the history of African American hookworms rs in the area surrounding the quarry. OWASA shall promote this imitative by meeting with and working with neighbors to determine who will perform the study and by managing the study and disseminetingltsresult. 33..In recognition of me historic value of the former school located on TM 7.112..9,and if permitted by the owner,American Stone Company shall pay for an inspection of the foundation of the structure by a qualified expert and if the inspection detemines that the quarry operations have caused any structural damage to the foundation,American Stone Company shall pay the reasonable cost for necessary repairs. 39. American Stone Company shall work with neighborhood organizations to identify a mecherdsm through which employm ns opportunities at the coon could he made known to residents of to surrounding community.To the extent permitted by applicable state and �c�23871x:: 337 qualified residents of the community in the area of the quarry by considering these residents 6i before others for job openings that occur during We time American Stone operates the quarry. 35, OWASA Shall tame the reservoir that results from the expansion of the quarry after the community in which it is located. 36. American Stone Company shall sponsor an annual neighbor day for residents living within a 3,000-foot radius of the perimeter of the property encumbered by this special use permit for the purpose of maintaining constructive communications with the neighbors and to offer a planned foram in which neighbors might ask questions about American Stone Company's opcmdon. 37. OWASA shall provide a special forum for citizens who live in the area of fe quarry,to speak with the OWASA Board of Directors about their concerns. 38. Operations associated with the extraction of earth materials and the reclamation of the property m the conclusion of mining will be in conformance with the standards set out in Section 8.8.1.2 of the Ordination:as it anciently exists,Mining Permit 4 6"2 as modified and the approved Reclamation Plan filed in accordance with Mining Permit 969-02. In the vent of any inconsistency between the Orchestra and the Mining Permit the stricter requirements shall convorL 39. A security fence of at least 6'in height shall be installed around the entire circumference of the pt and plant area 40. Berms consisting of spoil and by products form operations shall be located as shower on the approved site plan and shall not reach a height greater than 40'above the original contour and shall not be ended so that the vertical slope exceeds the material's natural single of rtpuse. 41. Applicants shall submit operational reports to the County Manager,or designee,on an annual basis derailing the amounts of materials extracted,extent of extractive area,depth of extractive area and ground water test boring to the County. 42. The petition to close existing Bctfal Hickory Grove Church Stand(SR 1104) shall not be considered until the relocation and construction of the new SR 1104 is complete and accepted by NCDOT. 43. Prior to subminal of the Bethel llickpry Grove Church Road(SR 1104)connotation drawings to NCDOT,the Orange County Erosion Control shall review and approve an erosion control plan. 44. A 100 feet Type F buffer shell be retainedlinstalled around the entire perimeter of the petitioned site. 45. The travel width pavement after mincored Bethel Hickory Grove Church Road(SR 1104) shall be a minimum nf24 feet. In addition,on each side of the entire length of the road,a- foot,paved bicycle lanes shall be built in accerdaoce with NCDOT specifications. 46.The ultimate right-of-way cross-section for NC 54 shall be 100 feet at its intersection with seer2387 �e:r 338 fifty(50)feet Item the centerline of the existing right-of-way,shall be made to the NCDOT. 45 Dedication shall be recorded prior to County Attorney approval of the Special Use Permit 47.The existing American Stone driveway onto NC 54 shall he m ucated to existing Bethel Hickory Grove Church Road within two months after the opening of the reloaded section of Bethel Hickory Grove Church Road. 48,In cases of abandonment of termbettion ofoperations for a period of twelve(12)consecutive months,application for a new Special Use Permit is required. 49.Two tom lanes(right turn lane and a center turn lane)on NC 54 shall ber constructed or bonded in accordance with NCDOT specifications print to attomey approval of Special Use Permit for recordation. 50. Prior to recording Ws special use permit,OWASA will record e conservation easement naming Orange County as the gramme and,at the option of Orange County,naming an additional grantee(s),in form satisfactory 0 the County Attorney,permanently restricting the future development on the tracts designated as TM 6.28..913 and TM 6.28..9E and agreeing to annex TM 6 28,9C,TM fi 28..9,TM 7.112..32,TM 7,112_31A and aportion of tract TM 6.28..8A into the area encumbered by the conservation easement when those tracts or portions thereof are conveyed to OWASA by American Stone Company no later than at the conclusion ofmining in accordance with the agreement between American Sane Company and OWASA.On or before June 5,2001,the County Manager will report to the Orange County Board of Commissioners concerning potential additional grottoes,their willingness and ability to save in that capacity and any other information necessary far the Board of Corn re conservation to determine whether the co easement will have multiple gtamems and the identity of any greater in addition to Orange County. 51.A portion of the property subject to this special ova permit is subject to a special use permit sued October 23, 1981 and recorded at Book 492,Page 196 and modified at Bock Page_,Orange County Registry. This permit supemdes the prior permit which will become void upon the lag to occur of(a)the running of the time for filing an appeal of the decision to Issue this special use permit as provided in§ 2.14 of the Orange County Zoning Ommance and N.C.Gen. Set. § 153A-340 and§ 153A-345 without the filing of an appeal, or(b)the carry of final decision by a court of component jurisdiction from which no further appeal is possible upholding the validity of this special use permit. NORTH CAROLINA ORANGE COUNTY IN WITNESS WHEREOF. Orange County,has caused this instrument to be executed in it room res evidence of the issuance of said permit,and the undersigned being all of the company owners of the property above described,have executed this inswment in evidence of their acceptance of said Special Use Permit as a covmunt running with the land. ORANG LINTY By. John M.Link,Jr. to < war2387 dtf 339. . o° r ac ATTEST/ s 40verlyA-Byalrc wl au Clerk to the Board of r 1110, i Commissioners ORANG RAND SEWER AUTHORITY — i'�*�o;;:;,y�;'9 .,Js OY -ate G 18)5 2= PETER C.GORDON.Chair of Board of Directors All I �L�CpWIa+•+ ATTEs3j � I /' 1 'See t ry V AMERICAN STONE COMPANY BY: 'Qq 0!: ATTEST:p : ". r,•' c NORTH CAROLINA ORANGE COUNTY 5e kYOnc.' A4ayr:'I�FJuP'NC4,k 1,s Notary Public ofthe County and State aforesaid,certifx hat personally came before me this day and acknowledged matZhif ter {o' e Bo*W of Commissioners for Orange County and that by authority duly given and as the act of said County,the foregoing instrument its sid�ed kn its name by John M.Link, Jr,the Orange County Manager,and attested byher ae,�lerek tg'said Board of commissioners. � Witness my band and official stamp or seal,this the /C a y of TAR B IC My Conmosslon expires: 5oa2367 IriiE 340 % NORTHCAROLINA �✓A"�2 county I, 144n f ry Notary Public for said County and State,certify that Susannah P.Holloway perso came hafore me this day and acknowledged that she is the Secretary ofihe Board ofDtrectore of Orange Water and Sewer Anthodry,a North Carolina corporation, and the by authority duly given and as the act ofthe corpmation the foregoing instrameat was signed in its dame by is Beard-elsav,and attested by her as its Secretary. r�nxn >c 4vwrn or q av'acaa Wimess my hand and o icial stomp or seal,this the 21 rt,• day of H+„bw 20 o1 . Nowlyllublic cogoT Fyn My commission expires: it � al 04 OTMY sxx W9LIG G'f NORTH CAROLINA :,1 1� �•c WWIY County �✓t 1, L410t M.SCOtk .NotaryPubliefcrsaid Countyand,Statcgetti�that,Donal. 111. Mon personally came before me this day and acknowledged that M1e is a�°c e"701 American Stone Company,allorth Carolina coryotation,W the by authority duly given and as the act of the corporation the foregoing instrument was signed in its name by its President,mal attested by as its$ccretary. ANN 34 SgAocT Wimoss my hand and official stamp or seal,this Is � 5} day of ( 7k. rdeetf Notary Public My commission expires: srlrrn5 ayP Y1�Qa /gA1, 10.Y5T�P :. a Of s��•aeata�n isimilViv o ante of Ku2387 r..c! 341 68 � a s a x, I ° 52 sa e Joyce H. Pearson Register of Deeds Orange County North Carolina rip FD _o ocr znol et a ana7am oek 7067 , Faye &90 - 34,t ]cyce M. Veal FOn 3ay,stee of ]aarvge Lnunly.y. 4.N. C. State of North Carolina,County of Oraupe The foregoing certfficatels of Naury Pacign,Robert Epfing and Lela M.Scott,NotaryMotarlea Pubfic for the Designated]Governmental units i✓ace certified N be correct See fifiug certificate Ecra The day Oclaber 10,:'01 JOYCE IL PEARSON,REGISTER OF DEEDS By: J D puty/ Regfet cads ww2387 a 1 342 09 NORTH CAROLTNA Effi62001 ORANGECOUNIY VERIFIED BY FOLMO G PINS ASSIGNED TO pKMj / mJ0 DOCIIMENTTYPE HOOK PAGE SUBDIVISION DESCRIPTION: PLAT_/ MIIL'11PLE PLY ASSIGNMENT Page l oft PIN 9759 -A4 - 2780 DESC: N/OOF54 TMBL'. 6.26..SA PIN 9759 -54 - 4997 DESC N%/ SR1104&HWYXP86 1109 TMHL'. 6.26..9H PIN 9759 -63 - 9813 OESC: WSR1lWP49M - T RL 6.28.PC PM: 9759 -62 - 1992 DESC: NISHWY54 TMBL', 6.28.9E FILED 10 OLT 20Da, at 11:50:9aam HDok 2397, Page 542 — a42 JoY a H. Fear,On Register of Desdm, F-ange County, N. C. ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT 50 Craig N. Benedict, AICP, Director Current Planning 306F Revere Road (919)2452575 P O Bog 8181 (919) W4002(I") Hillsborough, www.eo.orange.nc.ua North Carolina,27278 April 5,2002 Mg.Ckts Invem 200710 Mae Road Chapel Hill,NC 27516 This leeer is d confirm that the mining whmluled m Sunday,Ap,il 7,2002 or discuss the County's proposed No Pa Wt Well Repair Fund(NFWAF)policy with Pnvimmnmt2l Health is solely and specifically forthat puryese. This meniug is amultof the BOCC's directive W hold a wmmmiry meeting with rcaldmd eantothe American Swne Qo mprding Me NFWRP. This specific meeting dconfimnedby the droll minutes of 0se DOCC meelwg of Febmtry 19,2002. It came to placing adfPs monsoon,byway of Ron Foldaway iv Ervwmnedml Health,that a flyer was distributed hmkatin8 that the meeting wdWd inkiness mher issues Pelting to the Special Use Pcmm Per se. Many of Me usaea monitored on the fiver would involve OWASA Armncm Sbne and me Pluming Department. DWbramenly,asyoumml have discussed,the Planning Department was not notified until we sewed a flyer indicating not other County officials would scandal die bel meetingm discuss other c es. Iheve alto spoked with Amencm S[atte antl OWASA represemm�ves and they domt know ifNey willbeablemamcWgiventheshonnetice. Thefac[IhmoOterpatties was mtnoufed,dr eves wvolved in Me mhNWing of the decay has led m scheduling conflins among all parties. Neitfter the Director nor Iwill be able d attend the Men 7 meeting. It is our shows hope that Me commodity does not imerpret ow Ink of attendance at Mis meeting to be synonymous with&megard fm thou towards because that womd be _ m azn m uh.Perhaps a more productive meemg would he fur M,ernm Sim Contrary,OWASA and Coumy Planning Departmenttepresendtivea m achcdelc a sepam a meeting to dismss with the commodity the implemedmtim of Me din conditions they BothleIn a aStonemd OW Flooding cad Mmthry have mined To WMerna for whichthry areraporsiblemth a cottmmiry end the Flaming Deyermmt uncle Hyouiave emnt in Please Hyoubave any gmstiors place feel free m call at this abovenumber. Tnamkyau. Sincerely, �a� Robert P.Davis,MCP Current Planning Supwisor Cc:Craig BemAet,Planning Director File AT'TACHMENT3