HomeMy WebLinkAboutAgenda - 04-12-2000ORANGE COUNTY BOARD OF COMMISSIONERS
' CARRBORO BOARD OF ALDERMEN
CHAPEL HILL TOWN COUNCIL -
AGENDA
JOINT PLANNING PUBLIC HEARING NOTE: BACKGROUND
APRIL 12, 2000 MATERIAL AVAILABLE
7:30 P.M. IN THE PLANNING
ORANGE COUNTY SOUTHERN HUMAN DEPARTMENT OR THE
SERVICES CENTER ~ CLERK'S OFFICE
2SOS HOMESTEAD ROAD
CHAPEL HILL; NORTH CARO~,INA
NOTICE TO PEOPLE WTTH IlVIPAIRED HEARING: Audio amplification
equipment is available on request. If you need this assistance, please call the County
Clerk's Office at 732-8181 or 966-4501.
7:30 A. OPENING REMARKS FROM THE CHAIR
7:35 B. PUBLIC CHARGE
The Board of Commissioners pledges to the citizens of Orange County its respect. The
Board asks its citizens to conduct themselves in a respectful, courteous manner, both
with the Board and with fellow citizens. At any time should any member of the Board or
any citizen fail to observe this public charge, the Chair will ask the offending member to
leave the meeting until that individual regains personal control. Should decorum fail to
be restored, the Chair will recess the meeting until such time that a genuine commitment
to this public charge is observed. .
7:40 C. JOINT PUBLIC HEARING (JPA-1-00 and CP-1-00 are submitted on behalf of
American Stone Company, Orange Water and Sewer Authority, and Philip and Alice
Durham and will be considered jointly).
1. .TPA-1-00 requests a 75.20 acre eacpansion of the extractive use plan category
as contained in the JPA Land Use Plan. The extractive use category
encompasses mining and quarry operations. The application requests that the
extractive use category be extended to a 15.20 acre parcel (PIN 9759-63-9813)
owned by American Stone Company and a 60 acre pazcel (P1N 9759-62-1992)
owned by OWASA. Amendments to the JPA Land Use Plan require the
approval of Chapel Hill, Carrboro, and Orange County as specified in the Joint
Planning Agreement.
2. CP-1-00 requests the establishment of a 1$0.51 acre rural industrial activity
node. A rural industrial activity node is land focused on designated road
intersections in the rural areas that is appropriate for industrial uses which do not
require urban-type services. The request includes the properties referenced in
JP-1-00 as well as five acres of a parcel (P1N 9757-44-2780) owned by American
Stone Company and a 100.31 acre parcel (PIN 9759-54-4097) awned by Philip
and Alice Durham. Comprehensive Plan amendments require only the approval
of the Orange County Commissioners.
10:00 D. ADJOURNMENT
NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE
ORANGE COUNTY/CHAPEL HILL/CARRBORO
JOINT PLANNIl~IG AREA LAND USE PLAN AND MAP
AND
THE LAND USE ELEMENT AND MAP OF THE COMPREHENSIVE PLAN FOR
ORANGE COUNTY, NORTH CAROLINA
Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, 240, 323, and
343 Articles 20.5, 20.6, 2.2.12 and 2.2.13 of the Orange County Zoning Ordinance; and Article 2 of a
Joint Planning Agreement between Orange County and the Towns of Chapel Hill and Carrboro, notice is
hereby given that a public hearing will be held at the Southern Human Services Center, 2505 Homestead
Road, Chapel Hill, NC, on April 12, 2000at 7:30 PM for the purpose of giving all interested citizens an
opportunity to speak for or against the fallowing items:
JOINT PLANNING AREA LAND USE PLAN
1. JPA-1-00 American Stone Com~anx
(Fourth in a series of public hearings, the first occurring on October 10, 1991, the second on October 14,
1993, and the third on April 14, 1994.)
American Stone Company proposes to amend the Joint Planning Area Land Use Plan to
designate 164.97 acres located in Bingham and Chapel Hill Townships on the north side of NC
Highway 54 as Extractive Use. The property is currently designated as Extractive Use, Resource
Protection, Public/Private Open Space, and Rural Residential on the Joint Planning Area Land
Use Plan Map. [Annotation: Orange County Stag' research of legal descriptions within
application notes that JPA amendment area is approximately 75.20. acres.]
The property fronts the north side of NC Highway 54 for a distance of 1,840 feet and extends
along the west side of Bethel-Hickory Grove Church Road (SR 1104) for a distance of 3,600
feet, and along the east side of Bethel-Hickory Grove Church Road (SR 1104) for a distance of
2,920 feet. The proposed area will incorporate three parcels and a portion of a fourth parcel: one
(1) pazcel (identified by Parcel Identification Number 9759-63-9813) and part of a second parcel
(PIN 9759-44-2780) both owned by American Stone Company, one (1) parcel owned by Phillip
O. and Alice Durham (PIN 9759-54-4097 -existing location of the American Stone Quarry), and
one (1) parcel owned by the Orange Water and Sewer Authority (PIN 9759-62-1992).
This amendment requires the approval of the governing boards of Orange County, Chapel Hill,
and Carrboro.
2
ORANGE COUNTY COMPREHENSIVE PLAN AMENDMENT
1. CP-1-00 American, Stare Company:
(Fourth in a series pf public hearings, the first occurring on October 10, 1991, the second on October
14, 1993 and the third on April 14, 1994.)
American Stone Company proposes to amend the Land Use Element of the Orange County
Comprehensive Plan to designate 164.97 acres located in Bingham and Chapel Hill
Townships as a Rural Industrial Activity Node. The property is currently designated as a
Public Interest Area and Rural Buffer on the Land Use Element Map. [Annotation: Orange
County Staff research of legal descriptions within application notes that the CP amendment
area is approximately ,180.51 acres. ]
The property fronts the north side of NC Highway 54 for a distance of 1,840 feet and extends
along the west. side of Bethel-Hickory Grove Church Road (SR 1104) for a distance of 3,600
feet, and along the east side ofBethel-Hickory Grove Church Road (SR 1104) for a distance
of 2,920 feet. The proposed area will incorporate three parcels and a portion of a fourth
parcel: one (l) parcel (identified by Parcel Identification Number 9759-63-9813) and part of
a second parcel (PIN 9759-44-2780) bath owned by American Stone Company, one (1)
,parcel owned by Phillip O. and Alice Durham (PIN 9759-54-4097 -existing location of the
American Stone Quarry), and are (1) parcel owned by the Orange Water and Sewer
Authority (PIN 9759-62-1992).
This proposed amendment only requires the approval of the Orange County Board of County
Commissioners.
All interested citizens are invited to attend this hearing and be heard. Public comment will be received
during the public hearing. Following the close of the public hearing, only evidence received in writing
by the date of the Orange County Planning Board meeting following the public hearing will be
considered by the Board of Commissioners for decision.
Changes may be made in the advertised proposals which reflect [legal description research] debate,
objections and discussion at the hearing:
Questions regarding the proposals may be directed to the Orange County Planning Department located in
the Planning and Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours
are from 8:00 a.m. to 5:00 p.zn., Monday through Friday. You may also call 732-8181 (Hillsborough),
688-7331 (Durham) or 967-9251 (Chapel Hill-Carrboro). When prompted for an extension number,
please enter 2589.
Craig Benedict, Planning Director
PUBLISH: March 29, 2000
Apri15, 2000
ORANGE COUNTY BOARD OF COMMISSIONERS
CARRBORO BOARD OF ALDERMEN
CHAPEL HILL TOWN COUNCIL
ACTION AGENDA ITEM ABSTRACT
Meeting Date: Apri112, 2000
Action Agenda .
Item #
SUBJECT: REQUEST BY AMERICAN STONE COMPANY, ORANGE WATER AND
SEWER AUTHORITY, AND PHILIP AND ALICE DURHAM TO ANLEND THE JOINT
PLANNING AREA LAND USE PLAN AND ORANGE COUNTY COMPREHENSNE PLAN
DEPARTMENT: PLANNING PUBLIC HEARING: X YES NO
ATTACHMENT(S): INFORMATION CONTACT:
- Joint Staff Evaluation Craig Benedict, Ext. 2592
Background, page 7 Gene Bell, Ext. 2589
JPA Locational Criteria, page 13
Comp Plan Locational Criteria, page 17
JPA Operating Principles, page 20
Recommendation, page 24
OWASA Board Resolution, page 29
-Application Materials (1991, 1994)
- 3-8-00 Correspondence from OWASA
- Property Owner Notification
- Mediation Memorandum of Agreement
Separate Enclosures:
- Four Maps (JP Existing/Proposed & CP Existing/Proposed)
- Supporting Documentation from OWASA (2000)
A -Water Supply Study
B -Environmental Impact Update
C -Quarry Activity Mitigation
TELEPHONE NUMBERS:
.Hillsborough - 732-8181
Chapel Hill - 967-9251
Durham - 688-7331
Mebane - 227-2031
PURPOSE: To receive public comment on a request to amend the Joint Planning Area (JPA)
Land Use Plan and Land Use Element of the Orange County Comprehensive Plan.
BACKGROUND: Applications have been received to amend the JPA Land Use Plan and the
Land Use Element of the Orange County Comprehensive Plan. They are submitted on behalf of
American Stone Company, the Orange Water and Sewer Authority (OWASA), and Philip and
4
Alice Durham. The subject area is located in Bingham Township along the northern side of NC 54,
bath east and west of its intersection with Bethel~Iiickory Grove Church Road (SR 1104).
The proposed amendments which will be considered jointly are summarized as follows (PIN refers
to property identification number):
JPA-1-00 requests a 75.20 acre expansion of the extractive use plan category as contained in
the JPA Land Use Plan. The extractive use category encompasses mizung and quarry operations.
The application requests that the extractive use category be extended to a 15.20 acre parcel (PIN
9759-63-9813) owned by American Stone Company and a 60 acre pazcel (PIN 9759-62-1992)
owed by OWASA. Amendments to the JPA Land Use Plan require the approval of Chapel Hill,
Cazrbaro, and Orange County as specified in the Joint Planning Agreement.
CP-7.-00 requests the establishment of a 150.51 acre rural industrial activity node. A rural
industrial activity node is land focused on designated road intersections in the rural areas that is
appropriate for industrial uses which do not require urban-type services. The request includes the
properties referenced in JP-1-00 as well as five acres of a parcel (P1N 9757-44-2780) owned by
American Stone Company and a 100.31 acre parcel (PIN 9759-54-4097) owned by Philip and
Alice Durham (American Stone leases this property and operates an existing quarry there under a
Special Use Permit issued October 23, 1981). Comprehensive Plan amendments require only the
approval of the Orange County Commissioners.
Almost identical amendments, JPA-1-91 and CP-3-91, were considered at a Joint Public Hearing
on October 10, 1991. Concern with potential environmental impacts was raised during the public
hearing process. Two particular areas of concern dealt with the. proposed relocation of an existing
asphalt plant (currently located on the 15.20 acre parcel identified by PIN 9759-63-9813 ~- this is
now moot) and the effects of blasting on surrounding properties.
Though not a requirement of the plan amendment process, the applicants chose to prepare and
submit an Environmental Impact Statement (EIS) as specified in the Orange" County Environmental.
Impact Ordinance. The EIS was presented at a JPA Public Hearing held on October 14, 1993.
Following that hearing, the applicants decided to withdraw the proposal for relocating the, asphalt
plant. An updated and supplemental EIS was submitted in March 2000 to address water resource
options and mitigation measures.
At 'a Joint Public Hearing held on April 14, 1994, amendments JPA-1-94 and CP-1-94 were
considered. These were the same as the amendments presented in 1991 except that the 42.67 acre
tract identified by PIN 9759-73-5215 proposed for the relocation of the asphalt plant was removed
from consideration.
The Cazrboro Board of Aldermen determined in August 1994 that they would take no further action
until American Stone, OWASA, and citizens opposed to the quarry expansion had undertaken a
mediated dispute resolution process. Mediated discussions facilitated by the Dispute Settlement
Center began in June 1996 and continued through 2l separate sessions over the ensuing 10
h:\jpa\amstab00.doc\4-6-00\gb z
months. On September 16,, 1997, representatives of OWASA, American Stone, and Citizens
Against Quarry Expansion appeared before the Cazrboro Board of Aldermen. OWASA and
American Stone presented the results of the mediated discussions; their commitment to concessions
specified in a Memorandum of Agreement (signed by OWASA and American Stone, but not
Citizens Against Quarry Expansion); and requested that Carrboro allow the plan amendment
process to proceed.
Presentation of the plan amendments at one of the Joint Planning Public Hearings during
calendaz year 1999 was postponed in order to incorporate additional information from the
Water/Sewer Master Plan project under prepazation during that time. OWASA has supplied
additional technical information this year in support of the application as referenced under
attachments (A -Water Supply Study , B -Environmental Impact Update, and C -Quarry
Activity Mitigation) and will make a presentation on the recently developed material.
RECOIVIMENDATYON: The Orange County, Chapel Hill, and Carrboro Planning staffs
recommend approval of JPA-1-00 as contained in the attached analysis.
The Orange County Planning staff recommends approval of CP-1-00 as contained in the attached
analysis.
Following conclusion of the public hearing, JPA-1-00 should be referred to the towns of Chapel
Hill and Carrboro for decision. JPA-1-00 and CP-1-00 will then be referred to the Orange County
Planning Board for a recommendation to the Orange County Commissioners. A proposed schedule
for consideration follows:
Ch.~el Hill (JPA-1-00)
April 18, 2000 -Planning Board Recommendation
May 8, 2000 -Town Council Decision
Carrboro (JPA-1-00)
May 4, 2000 -Planning Board Recommendation
May 9, 2000 - Boazd of Aldermen Decision
Oran a Coun (JPA-1-00 & CP-1-00)
June 7, 2000 -Planning Boazd Recommendation
June 29, 2000 -County Commissioners Decision
h:\jpa\amstab00.doc\4-6-00\gb ~
7
MEMORANDUM
TO: ORANGE COUNTY BOARD OF COMMISSIONERS
CHAPEL HILL TOWN COUNCIL
CARRBORO BOARD OF ALDERMEN
ORANGE COUNTY PLANNING BOARD
ORANGE COUNTY MANAGER
CHAPEL HILL TOWN MANAGER
CARRBORO TOWN MANAGER
FROM: ORANGE COUNTY PLANNING STAFF
TOWN OF CHAPEL HILL PLANNING STAFF
TOWN OF CARRBORO PLANNING STAFF
RE: JPA-1-00 and CP-1-00, American Stone Company, Orange Water & Sewer
Authority, and Philip and Alice Durham
DATE: April ~, 2000
BACKGROUND
These proposed amendments to the Joint Planning Area Land Use Plan (JPA-1-00) and Land
Use Element =Orange County Comprehensive Plan (CP-1-00) requested by American Stone
Company, Orange Water and Sewer Authority, and Philip and Alice Durham were first
considered on October 10,1991 and again on Apri114,1994. The requested amendment areas
remain relatively unchanged from those presented in 1994. The relocation of the e~tisting
asphalt plant was removed from the 1994 request. Under the terms of an agreement with the
Orange Water and Sewer Authority, the existing asphalt plant will be allowed to remain in
operation until May 2000 after which time its use will permanently cease.
The time since 1994 was to develop a discussion with residents. A mediated process created
various mitigation measures. In addition, a water supply study and an updated
Environmental Impact Statement (EIS) was completed. Staff also verified various acreage
areas of land use and permit data to supply more specific information.
8
z
GENERAL DESCRIPTION
The subject property is located in Bingham Township. The property is situated along the northern
side of NC 54, both east and west of its intersection with Bethel-Hickory Grove Church Road (SR
1104). The JPA area (new extractive use) includes 75.20 acres and the CP area (new rural
industrial node) includes 180.51 acres. The total area of existing and proposed quarry reservoir uses
are approximately 227.06 acres
The subject azea contains six individual properties identified in the following table. The properties
are identified by their Property Identification Numbers (PIl~.
I'ROP~R+'I~
~ a ()~ ti ~
~~, ~~. ~ ~~ ~~
. ~
~L+'~T~T~ ~ A'N ~ ~ ~ a
k ~` ~ r ~~r51JD
x 1r.i1
TD N 1<~ Nl RF~R41 ~ '~' 7 R
, ~ ~ 4,~ ~ , ~ ,
N
V+: S^ F} k'i
A ~, F' (~E ~r i~ ~('~'2~ i
C..AT:E~ ~ ~ r r7. ~
a ~ ~~~ -.
(7'~~ p Ma ~,
~ . t ,:~ ~~~~° ~~ ' ~° °-s?~(. offer {_' ~TEGOR
9757-44-2780 American Stone 18.68 Extractive Use No Change
(6.28..8A) (part of total) 5.00 (CP)
9759-54-4097 Philip & Alice Durham 100.31 Extractive Use No Change
(6.28..9B) (CP)
9759-33-6486 Philip & Alice Durham 30.51 * Extractive Use No Change "
(6.28..9P)
9759-34-7394 John & Aline Angeletti 2.36* Extractive Use No Change
(6.28..9Q)
9759-63-9813 American Stone 15.20 Rural Residential Extractive Use
(6.28:.9C) (JPA) (CP)
9759w62-1992 OWASA 60.00 Public/Private Open Extractive Use
(6.28..9E) Space (JPA) (CP)
L~'X~~~'I'I~~'~RAC'1'1 VL+ liS~+.'~~ ~ 151.86 ~ T , ,,~, ~ ~` ~~ r~~ ` i~, ~ r ~ ~ F
1'RQP(li~ `~ ~ VE T1SE F~ 75.20 ' ~ ~ ~ ~ ~ t l ;«.~, ;r
* Part of Class A special use permit azea, but not an activity azea on the site plan.
This amendment is a request to amend 1) the Joint Planning Area (JPA) Land Use Plan (JPA-1-00)
to add Extractive Use (75.20 acres) and 2) the Land Use Element of the Orange County
Comprehensive Plan (CP-1-00) to add Rural Industrial Activity Node (180.51 acres).
JPA-1-00 requests expansion of the extractive use plan category as contained in the JPA Land
Use Plan. The extractive use category encompasses mining anal quarry operations. Currently,
the property referenced by PIN Number 9759-54-4097 is the only property so designated.
American Stone Company leases this property from Philip and Alice Durham and operates an
existing quarry there under a Special Use Permit issued October 23, 1981. The property
identified by PIN Number 9759-62-1992 is currently owned by the Orange Water and Sewer
9
Authority (OWASA), and was at one time a quarry. With the closing of this quarry, OWASA
obtained the site to be used as an emergency backup water source. The storage capacity of this
quarry reservoir is purportedly 200 million gallons with a safe yield of O.S million gallons per
day (mgd). Finally, it should be noted that if this (and subsequent) application is approved,
Bethel-Hickory Grove Church Road will ultimately be relocated (at applicant's expense) east of
its current alignment.
The JPA amendment application requests that the extractive use category be extended to the
American Stone and OWASA properties as noted in the above table, an increase of 75.20 acres of
extractive use. Amendments to the JPA Land Use Plan require the una~mous approval of Chapel
Hill, Carrboro, and Orange County as specified in the Joint Planning Agreement.
CP-1-00 requests the establishment of a 180.51 acre Rural Industrial Activity Node covering the
subject properties. A Rural Industrial Activity Node is land focused on designated road
intersections in the rural areas that is appropriate for industrial uses such as quarry operations which
do not require urban-type services. Such an amendment requires only the approval of the Orange
County Commissioners. This proposal falls within the jurisdiction of the Joint PlanningArea for
Orange County, Chapel Hill, and Carrboro. Accordingly, all of this area is currently designated and
zoned Rural Buffer and University Lake Watershed in the Joint Planning Area Land Use Plan.
Historical Pers ective
Currently there are three existing land uses relevant to this proposal:
1. The former American Stone Quarry (1969-1978) located on property 9759-62-1992. This
quarry is now an OWASA reservoir.
2. The current American Stone Quarry on property 9759-54-4097 which began operation in
1977.
3. An existing asphalt plant operated by Nello L. Teer Company on property 9759-63-9$13.
The original former American Stone quarry came into existence in 1969, prior to the existence of
zoning in Bingham Township. This quarry was in operation until 1978. In 1979, OWASA obtained
the former quarry as a backup water supply reservoir, for which it is currently used.
American Stone began operation at the current quarry site in 1977. Orange County public hearing
minutes from October 6, 1981 indicate that the quarry complied with state and federal regulations
in place at the time for new quarrying operations. The enaction of zoning for Bingham Township
on September 2, 1981 required the approval of a Special Use Permit for all quarrying operations.
Around the time of adoption of zoning, American Stone applied for a Special Use Permit in order
to make the quarry use consistent with adopted zoning. The Special Use Permit for the current
7.0
- 4
quarry was approved by the Board of Commissioners on October 23, 1981. The permit
includes an area referenced as 136 acres, but deeds reflect approximately 151.56 acres. .
On May 10, 1990, afour-parry agreement among the three petitioners and Nello L. Teer was signed
that will transfer ownership of the current quarry to OWASA when anticipated quarrying ends by
the year 2030. OWASA plans to utilize the current quarry as a supplementary reservoir in
conjunction with, the existing stone quarry reservoir. The expanded quarry reservoir will have a .
capacity of three billion gallons to be filled by a combination of runoff and pumped raw water from
Cane Creek reservoir. Raw water transmission lines are in place.
Three other activities are planned as an overall project pursuant to the 1990 agreement. First,
OWASA will acquire an additional 100-acre buffer area around the proposed reservoir. In addition,
Bethel-Hickory Grove Church Road will be relocated east of the existing reservoir by American
Stone. Finally, Nello L. Teer Company will terminate use of the existing asphalt plant located
adjacent to the former quarry (reservoir) in May 2000.
To obtain the required zoning and special use permit for quarry expansion, the applicants
were advised that they would fast have to pursue amendments to the Joint Planning Area Land Use
Plan and Land Use Element of the Orange County Comprehensive Plan. Applications JPA-1-91
(expansion of the extractive use category) and CP-3-91 (creation of a rural industrial activity node)
were submitted by the applicants and presented at public hearing on October 10, 1991. Concern
with potential environmental impacts was raised during the public hearing process. Two particular
areas of concern dealt with the proposed relocation oaf the existing asphalt plant (currently located
on property 9759-63-9813) -this issue is now moot -and the effects of blasting on surraunding
properties.
Though not a requirement of the plan amendment process, the applicants chose to prepare and
submit an Environmental Impact Statement (EIS) as specified in the Orange County Environmental
Impact Ordinance. The EIS was presented at a JPA public hearing on October 14, 1993. Between
that hearing and the one held on April 14, 1994, the applicants withdrew the proposal for
relocating the asphalt plant; they also provided documentation of their efforts to address impacts on
surrounding properties. As in the 1994 evaluation of the application, fmdings of the original EIS,
and EIS, March 2000 Update will be cited, ,as appropriate in the evaluation of the application.
APPLICATION REQUIREMENTS
Application requirements for an amendment to the' Orange County Comprehensive Plan are
contained in Articles 2 and 20 of the Orange County Zoning Ordinance. Although the proposed
amendment referenced as JP-1-00 is to the Joint Planning Area Land Use Plan, it falls within the
Rural Buffer area in which provisions of the Orange County Zoning Ordinance are in effect. Thus,
JP-1-00 and CP1-00 (amendment to the Orange County Comprehensive Plan) are governed by
~;
5
Articles 2 and 20 of the Orange County Zoning Ordinance. Listed below are the application
requirements, with analysis of information supplied by the applicant (shown in bold).
1. Article 2.2.14 states the reasons for which the Comprehensive Plan may be
amended.
a. Because of changed or changing conditions in a particulaz azea or areas of
the County;
The applicant states that the continued growth in southern Orange
County has placed a premium on the location and development of
sources of drinking water and this is the principal changing condition
which makes the proposed amendment reasonably necessary. The
applicant describes changing conditions as follows:
1. The scarcity of suitable sources of high quality water to serve the
growing needs of southern Orange County.
2. The availability of stone at a site conveniently located for public
and private construction projects in southern Orange County.
3. The provision of hot mix asphalt within reasonable hauling
distance of the local market area. (In that the applicants have
withdrawn the proposal for asphalt plant relocation, this condition is
significant only to May 2000 when the existing asphalt plant will be
removed).
b. To correct an error or omission in the Comprehensive Plan; or
No error or omission in the Comprehensivve Plan has been cited.
c. In response to a change in policies, objectives, principles or standards
governing the physical development of the County.
No change in policies, objectives, principles or standards has been cited.
(Staff Note: Sustainability principles have become mare prominent in recent years
and this application supports long-term resource planning as noted in the conclusion
of the staffreport.)
2. Article 2.2.14.2 differentiates between principal and secondary amendments.
Principal amendments include:
12
6
a. Additions to or modification afpolicies, objectives, principles or standards;
The applicant states that no change in policies has been made in the
initial plan. This request is based on changing conditions only.
b. The creation of new activity nodes or additions to existing activity nodes
which exceed ten (10) acres in land area; or
This request would create a new activity node at the relocated Bethel-
Hickory Grove Church Road and NC 54 intersection. The proposed
amendment is therefore, a principal amendment to the Comprehensive
Plan and the JPA Plan.
c. Proposals for new freestanding plan areas or additions to existing areas that
exceed one hundred (100) acres of land area.
This request would expand the Extractive Use designation by 75.20
acres.
3. Article 20.3.2 also requires the submission of the following additional information:
a. A fully dimensioned map at a scale, of not less than one hundred (100) feet
to the inch showing the land which would be covered by the proposed
Comprehensive Plan amendment, and a legal description of the land;
The applicant has submitted this information.
b. The manner in which the proposed amendment will carry out the intent and
purpose of the adopted Comprehensive Plan.
The applicant cites that the proposed change to the Joint Planning Area
Land Use Plan and Land Use Element of the Comprehensive Plan
would appear to conform to the objectives and policies contained in
section 3.S of the Comprehensive Plan. The applicant cites the
following:
Goal Ten ("Clean and safe water supplies available and adequate to
meet future needs of the residents of Orange County"), would be
advanced by providing an expanded reservoir with the capacity to store
up to three billion gallons of excess Cane Creek water. The site is
conveniently located adjacent to OWASA's raw water transmission
~~
main between the Cane Creek Reservoir and OWASA's water
treatment plant.
Applicant states that this additional capacity can be obtained without
acquiring any new agricultural property, consistent with Goal Seven
("Continued use of agricultural land and the preservation of the
farming way of life")
The applicant additionally states that the proposal also promotes Goal
Six ("Economic development which meets local needs protecting the
natural environment") by continuing a quarry operation that provides
additional tax revenues and employment opportunities, both directly
and indirectly. The expanded storage reservoir will provide additional
high quality water for the community at little capital cost to the public.
Finally, the proposal is described as advancing Goal Number One of the
Comprehensive Plan ("To conserve the County's natural environment
through means which are equitable to all citizens of Orange County")
by using a mutually beneficial public/private easement to transform a
business enterprise into a public water supply reservoir.
COMPARISON WITH LOCATION STANDARDS
In an analysis of a Comprehensive Plan amendment, the requested designation is evaluated for
compatibility with the applicable Locational~ Criteria in Section 3.4 of the Land Use Element of the
Comprehensive Plan. In the table below, COMPLIES means that the area being evaluated is
compatible with the locational criterion. DOES NOT COMPLY means that it is not. Additional
explanation is provided where the response is not clear cut.
Joint Plannin Area Land Use Plan Amendment: The following section analyses the Extractive
Use (JPA~1-00) portion of the property against locational criteria, again with an assessment of how
the area complies.
EXTRACTIVE USES
Jl) SLOPE. Located on land with slopes of less than 15%.
COMPLIES. Topographic mapping of the area indicates that the majority of this
property was slightly sloped before development began. Moderate to steep slopes
were evident along the banks of Phil's Creek, which originally crossed this site in a
northwest to southeast direction. The original features of the area have been
14
s
drastically altered by the existing extractive land use. Topography has been altered to
divert the majority of all runoff into the quarry area. The alignment of Phil's Creek
has been changed from its original course diagonally crossing the site from northwest
to southeast to the perimeter of the site.
J2) HYDROLOGY. Located outside water supply watersheds where runoff might affect
water quality.
4UESTIONABLE. This site is located within the University Lake Watershed, and
falls under the provisions of the University Lake Watershed Ordinance. The
extractive land uses were operating prior to the enactment of the watershed
ordiaance, although any expansion of that operation would have to meet the
requirements of the ordinance.
Relative to runoff, the EIS states the following:
Stormwater runoff from the existing crushed stops production and storage
areas will be managed by onsite sedimentation basins and a closed loop recycle
system, with any excess flows released to Phil's Creek pursuant to conditions
set forth in the NPDES General permit issued by the North Carolina
Environmental Management Commission. Runoff from the areas adjacent to
the existing and expanded quarry pit will drain to the pit itself for recycle
and/or release through this system. The expanded quarry operation is
expected to have no adverse effects on water quality in Phil's Creek, OWASA's
existing Stone Quarry Reservoir, or on the downstream University Lake water
supply.
Concerns about runoff from the existing asphalt plant have been addressed by the
previously referenced four-party agreement. Under that agreement, construction of a
concrete containment collar with an oil/water separator sump and a concrete pad at
asphalt and fuel tanks for trucks transferring asphalt and fuel was required by May
1993. The Nello Teer Company made the required improvements by the specified
date.
J3) FLORA AND FAUNA. Located away from sites that would, if developed, create a
threat to unique or endangered species as identified by the state or federal government.
COMPLIES. This site presents no threat to unique or endangered species (as
identified by the state or federal government) if developed as proposed by the
applicant.
15
9
J4) SOIL CONDITIONS. Located in areas where soil conditions and stability are
suitable far extractive operations.
COMPLIES. The portion of the site west of Bethel-Hickory Grove Church Road is
composed of Georgeville silt loam. This quarry provides fill~for drainage fields far
septic systems in the County. Georgeville soils pose no problems for future
development, The remainder of the site east of Bethel-Hickory Grove Church Road is
designated "Pits," or an area where the soil has been removed by quarrying
operations.
JS) PUBLIC SERVICES/UTILITIES. Located in azeas where urban-type services,
especially water and sewer lines, aze not needed and should be discouraged.
COMPLIES. No water and sewer service extension is proposed for the Rural Buffer.
On this basis, it would appear that this request complies with the basic criterion of the
PUBLIC SERVICES/UTILITIES section for both Rural Industrial Activity Node and
Extractive Uses. The applicant intends to use this property as an expansion of an
existing quarrying operation, with a proposed future use of a raw water storage
facility once quarrying operations have ceased.
J6) TRANSPORTATION SYSTEM. Located on or near azeas with access to roads that aze
designed fox heavy vehicle operation.
COMPLIES. This site has access from NC 54 and Bethel-Hickory Grove Church
Road, both designated Major Urban Thoroughfares on the Durham-Chapel Hill-
Carrboro Thoroughfare Plan. The site fronts approximately 1,$40 feet along the
north side of NC 54, and approximately 2,920 feet along the east side of Sethel-
Hickory Grove Church Road and 3,600 feet along the west side of Bethel-Hickory
Grove Church Road. As part of this proposal, Bethel-Hickory Grove Church Road is
to be realigned along the northern and eastern portions of the property to divert
traffic away from the quarrying operations. Road relocation will be coordinated with
the NCDOT.
J7~ ENERGY USE: No evaluation.
J8) EXISTING LAND USE. Located in azeas where the prevailing activity is agriculture,
and outside of non-farm clusters of population.
COMPLIES. This property is consistent with the requirements for existing land use
for the Extractive Uses request.
Currently, the predominant land use in this area is rural residential with some
agricultural uses. This is typical of land uses within the Rural Buffer area (located in
16
io
areas outside of Transition and Urban areas where prevailing uses are rural
residential and agricultural in nature).
J9) AGRICULTURE AND FORESTRY. See Existing Land Uses.
COMPLIES. This site is currently developed as a quarry operation and a raw water
storage facility. The rural residential, agricultural, and forestry uses which exist in
the vicinity have continued and expanded while this quarry has been in operation.
The applicant proposes to expand this quarry operation within the present site,
providing buffering where necessary to lessen development impact.
J10) POPULATION DENSITY. Located in areas of very low population density which is
dispersed in a manner typical of rural areas.
COMPLIES. Areas adjacent to the site are sparsely developed with single family
homes and manufactured housing with higher residential densities to the north and
west.
J11) HISTORIC AND CULTURAL. Located. away from areas where extractive uses
would have a detrimental impact on state or federally acknowledged historic/cultural sites
or County-idenf ified Public Interest Areas.
COMPLIES. There are no state or federally acknowledged historic/cultural sites or
County-identified Public Interest Areas in the vicinity of the proposed amendment.
There are however, 2 churches, one cemetery, and one community site in the area as
identified in the 1986 "Inventory of Sites of Cultural, Historical, Recreational,
Biological, and Geological Significance in the Unincorporated Portions of Orange
County". Hickory Grove Baptist Church and Bethel Bapfist Church are located one-
half mile northeast of the proposed operation. The Tarheel Sertoma Club ,and an
unnamed cemetery are located approximately three-fourths of a mile west of this site.
17
- 11
Orange County Comprehensive Plan Amendment: The following section analyses the Rural
Industrial Activity Node portion of this property (CP-1-00} against locational criteria, again with an
assessment of how the area complies.
RURAL INDUSTRIAL ACTIVITY NODE
Cl) SLOPE. Located on land with less than 15% slope.
COMPLIES. Topographic mapping of the area indicates that the majority of this
property was originally slightly sloped. The original features of the area have been
drastically altered by the existing extractive land uses. Topography has been altered
to divert the majority of all runoff into the quarry area. The alignment of Phil's
Creek has been changed from its original Bourse diagonally crossing the site from
northwest to southeast to the perimeter of the site.
C2) HYDROLOGY. Located outside of 100-yeaz flood prone azeas as identified by the Corps
of Engineers.
UESTIONABLE. Phil's Creek is shown on the 1983 FEMA floodplain maps as
having a 100 year floodway approximately 200 feet in width, crossing the site as
described under the Slope section.
The EIS states that the 100 year floodplain along Phil's Creek has an average width of
150 feet. It goes on to state that:
A small area of existing flood plain associated with Phil's Creek may
experience minor disruption during the introduction of culvert structures of
the relocated roadway. Effects on floodplains will be minimal however due to
the storage capacity of the quarry reservoir and the flood control benefits
provided by the wetlands along Phil's Creek on bath sides of existing SR ].1.04.
Additional protection against flooding will be offered by the quarry pit itself:
Any overflow from Phil's Creek would spill into the existing quarry pit.
C3) FLORA AND FAUNA. Located away from sites that would, if developed, create a threat
to unique or endangered species as identified by the State or Federal government.
COMPLIES. This site presents no threat to unique or endangered species (as
identified by the state or federal government) if developed as proposed by the
applicant.
18
7.; 2
C4) SOIL CONDITIONS. Located in areas where general soil conditions are suitable for on-
site sewage disposal systems.
COMPLIES. The portion of the site west of Bethel-Hickory Grove Church Road is
composed of Georgeville silt loam. This quarry provides fill for drainage fields for
septic systems in the County. Georgeville soils pose no problems for future
development. The remainder of the site east of Bethel-Hickory Grave Church Road is
designated Pits, or an area where the soil has been removed by quarrying operations.
CS) PUBLIC SERVICE/[TTILITIES. Located in areas that will not require urban-type
services.
COMPLIES. No water and sewer service extension is proposed for the rural buffer.
On this basis, it would appear that this request complies with the basic criterion of the
PUBLIC SERVICES/IJTILITIES section for both Rural Industrial Activity Node and
Extractive Uses. The applicant intends to use this property as an expansion of an
existing quarrying operation, with a proposed future use of a raw water storage
facility once quarrying operations have ceased.
C6) TRANSPORTATION SYSTEM. Focused on the intersection of arterial and/or collector
highways and extending .5 miles beyond such an intersection.
COMPLIES. This site has access from NC 54 and Bethel-Hickory Grove Church
Road, both designated Major Urban Thoroughfares on the Durham-Chapel Hill-
Carrboro Thoroughfare Plan. The site fronts approximately 1,840 feet along the
north side of NC 54, and approximately 2,920 feet along the east side of Bethel-
Hickory Grove Church Road and 3,600 feet along the west side of Bethel-Hickory
Grove Church Road. As part of this proposal, Bethel-Hickory Grove Church Road is
to be realigned along the northern and eastern portions of the property to divert
traffic away from the quarrying operations.
C7) ENERGY USE. Located at least five miles from another Rural Industrial Activity Node.
COMPLIES. No other Rural~Industrial Activity Nodes exist in the Rural Buffer.
C8) EXISTING LAND USE. Located in an area surrounded by rural, very low-density
residential uses or agricultural uses.
COMPLIES. This property is consistent with the requirements for' existing land use
for both the Rural Industrial Activity Node and Extractive Uses requests.
Currently, the predominant land use in this area is rural residential with some
agricultural uses. This is typical of land uses within the Rural Suffer area (located in
~s
• 13
areas outside of Transition and Urban areas where prevailing uses are rural
residential and agricultural in nature).
C9) AGRICULTURE AND FORESTRY. Located at sites within rural areas that would not
unreasonably intrude upon the existing landscape character.
COMPLIES. This site is currently developed as a quarry operation and a raw water
storage facility. The rural residential, agricultural and forestry uses which exist in the
vicinity have continued and expanded while this quarry has been in operation. The
applicant proposes to expand this quarry operation within the present site.
C10) POPULATION DENSITY. Located in areas with a very low-density rural population.
COMPLIES. Areas adjacent to the site are sparsely developed with single family
homes and manufactured housing with higher residential densities to the north and
west.
Cll) HISTORIC AND CULTURAL. Located away from areas where development would
have a detrimental impact on state or federally acknowledged historic-cultural sites or
County identified Public Interest Areas.
COMPLIES. There are no state or federally acknowledged historic/cultural sites or
County-identified Public Interest Areas in the vicinity of the proposed amendment.
There are however, 2 churches, one cemetery, and one community site in the area as
identified in the 1986 "Inventory of Sites of Cultural, Historical, Recreational,
Biological, and Geological Significance in the Unincorporated Portions of Orange
County". Hickory Grove Baptist Church and Bethel Baptist Church are located
approximately one-half mile northeast of the proposed operation. The Tarheel
Sertoma Club and an unnamed cemetery are approximately three-fourths of a mile
west of this site.
20
14
COMPATIBILITY OF AMENDMENT WITH JPA OPERATING PRINCIPLES
The applicant has indicated that the amendment is not in response to a change in policies,
objectives, principles or standards governing the physical development of the County. It is
therefore appropriate to analyze the amendment within the framework of the Operating Principles
of the Joint Planning Area Land Use Plan. These policy statements are listed on pages S2 and S3 of
the Plan. A Staff Response follows each statement.
A) ,OPEN SPACE
1) ~ The existing open space system in Chapel Hill Township, which includes Duke Forest
Lands, the UNC buffer around University Lake, the Morgan Creek Wildlife area, and
existing agricultural and forest land, should be protected from intrusion by incompatible
land uses. (OC)
STAFF RESPONSE. The expansion of the quarry is compatible with, albeit a
departure from the desired land uses within the Rural Buffer. The quarry operation
has existed on this site for a significant period, and the classification of Extractive Uses
was created to accommodate this particular use. It should also be noted that the
proposal is an addition, not an "intrusion" as it represents the connection of a former
quarry (now reservoir) to an existing quarry.
The applicant states that this use serves the rural community in providing f 11 for
septic tank systems and gravel roads that the expansion of this operation will be
contained within the current and expanded site.
B) UNIVERSITY LAKE WATERSHED
1) University Lake water supply watershed should be developed in a manner which will
protect the quality of the water supply. Very low density residential, low intensity
commercial, and agricultural land uses are appropriate in this area (OC)
2) The University Lake Watershed should be protected for reasons of water quality;
development should occur only at low densities, and water and sewer lines should not be
extended into this watershed. (C)
STAFF RESPONSE. The Orange County Land Use Element states that ground
water is the only supply available to persons in the vast majority of rural areas in the
County. While ground water reserves are estimated to be quite large, the crystalline
fractured rock of the Piedmont make ground water use impractical for most uses
other than small scale residential development. This situation forces most urban areas
in the Piedmont to rely almost exclusively on surface water reservoirs for public water
supply.
z~
.- - ~~
The Orange Water and Sewer Authority (OWASA), a co-petitioner for this
amendment, was created in June 1975 by Orange County and the towns of Carrboro
and Chapel Hill to purchase, operate, and develop the water and sewer system then
owned by the University of North Carolina at Chapel Hill.
The OWASA system draws from two primary impoundments: Uniyersity`Lake,
adjacent to Carrboro on the west, constructed in 1932, and Cane Creek Reservoir in
Bingham Township completed in 1989. University Lake has a storage capacity of 0.57
billion gallons and Cane Creek impounds three billion gallons. Capacity is augmented
by raw water storage in the former American Store Quarry on NC 54 (0.20 billion
gallons). This system of reservoirs currently provides a safe yield of 11.2 million
gallons per day (mgd). Safe yield means that for one year in twenty there will be some
period for which a water source cannot supply a given amount of water. Report A:
Water Supply, in the supporting documentation included as a separate enclosure states
that the present safe yield can be increased to 15 mgd through improvements to the
conveyance system.
Because Orange County is at or near the headwaters of major drainage basins, the
sub-basins from which county suppliers can draw are small. This results in potential
reservoir yields that are, as best, modest. Report B: Supplement to the Environmental
Impact Statement, in the supporting documentation analyzes possible alternatives for
acquiring additional water supplies. It is clear that Orange County does not have the
sites with a potential to supply large amounts of water over long periods of time. This
proposal if approved, will provide approximately 3 billion gallons of additional
storage capacity and a safe yield of 5.4 mgd.
In 1979, the Orange County Board of Commissioners appointed the Water Resources
Task Force, investing in it five charges:
1) defusing water quality goals for Orange County;
2) reviewing water resources data and compiling an inventory of existing and
potential reservoir sites;
3) developing, reviewing, and ranking watershed protection strategies;
4) preparing the water resources section of the County Land Use Plan; and,
5) recommending a long term water resources management plan for Orange
County.
The Task Force Report recognized the existing quarry reservoir, but did not speak to
the suitability of former quarries for water storage. Also, the report did not address
the possibility of expanding the existing quarry operation to eventually connect with
the quarry reservoir as is now being proposed.
22
- 7.6
The protection of County water supply watersheds from point and non-point source
pollutants through regulation and land use controls was a prominent recommendation
of the task force and a focal point of the watershed plan which resulted.' Safety
measures through the state permit, the County's Environmental Impact Ordinance,
and additional mitigation measures referenced herein will safeguard and greatly
increase the protection of water quality.
C) HIGHER INTENSITY USES/TRANSITION AREAS
1) The mare intensive uses aze most appropriately located within the Towns and then the areas
adjacent to the Towns likely to become urban. (OC)
2) A transition area should be designated, between existing developed areas and the rural
buffer, as a tazget for new development to occur. (C)
STAFF RESPONSE. This development is proposed to occur in the Rural Buffer.
D} RURAL AREAS
1) The rural residential and agricultural character of the Township outside the Towns and
,adjacent transition areas should be maintained. (OC)
STAFF RESPONSE. The development on this site, both existing and proposed, must
be closely monitored to prevent negative impacts on adjoining residential and
agricultural land uses. The current uses on this site, due to their intensity, could
negatively impact the surrounding rural area without controls offered under the
Zoning Ordinance (Special Use Permit) and the Rural Industrial Activity Node
classification.
The Land Use Element of the Comprehensive Plan, which designates the extractive
use designation to the American Stone quarry operation, sought answers to the
possible. re-uses of this site in a manner acceptable to meet the Land Use Goals of the
Joint Planning Area and the County. This site, if properly developed and monitored,
may present a viable reuse option for the existing quarry and asphalt plant.
2) Rural lands currently existing between the Chapel Hi1UCarrboro urban area and
Hillsborough should be preserved.
STAFF RESPONSE. This site does not lie between the Chapel Hi1UCarrboro Urban
area and Hillsborough.
z~
- - 17
E) URBAN FORM
1) A compact form of development should be achieved avoiding urban sprawl. (OC)
2) The urbanizing areas of the Towns are the major growth centers of the Township. (C)
STAFF RESPONSE. This development is proposed to occur in the Rural Buffer and
does not promote sprawl.
F) UTILITY EXTENSION
1) The timing of utility extensions and the pace of growth should be coordinated. (C)
2) Water and sewer service should not be extended outside the boundaries of the Joint
Planning Area. (C)
STAFF RESPONSE. No water or sewer extensions are proposed inside the Rural
Buffer.
G) ALLOCATION OF GROWTH
1) Areas where public facilities and services are available should be developed before such
areas where services are not yet available. (CH)
2) To the maximum extent feasible, no "spillover" growth from the two Towns will occur in
Chatham or Durham Counties or in Bingham Township. (OC)
3) The azea north of Town is assumed to be the most suitable for absorbing spillover because
of transportation access, the lazge efficiently sewerable area below the Morgan Creek-New
Hope divide, and existing growth patterns. (OC)
4) The Southern Triangle azea will develop only after all the suitable land south of and
between the Duke Forest tracts has been developed. (OC)
5) Duke Forest tracts will not be developed over the period 1980-2000. (OC)
STAFF RESPONSE. The properties are not in the referenced areas.
24
~.8
AGENCY COMMENTS
OWASA Board of Directors, March 9, 2000: RESOLUTION ENDORSING THE STONE
QUARRY AND RESERVOIR EXTENSION AS THE BEST OPTION FOR AUGMENTING
OWASA'S RAW WATER SUPPLY WHEN THE EXISTING CANE CREEK/UNXVERSITY LAKE
/QUARRY RESERVOIR SYSTEM NO LONGED MEETS THE NEEDS OF THE CARRBORO-
CHAPEL HILL COMMUNITY
RECOMMENDATION
The proposed amendments address two issues which support the public interest by providing long
term sustainability.
Amendment JPA-1-00 requests an expansion of the Extractive Use designation currently applied
in the TPA Plan to cover the expansion of the current quarry site by an additiona17S.20 acres.
Amendment CP-1-00 is necessary to create a Rural Industrial Activity Node under the Orange
County Comprehensive Plan which would make it possible to request the appropriate zoning for the
property's proposed use. This would apply to 180.51 acres. Both proposed amendments have been
evaluated against the Locational Criteria from the Land Use Element of the Comprehensive Plan,
since TPA amendments are also inherently Comprehensive Plan amendments.
Evaluation Criteria: Joint Planning Area Amendment
The proposed Extractive Use expansion complies with 10 of 11 locational criteria as defined in
the Orange County Comprehensive Plan with a "questionable" evaluation on the criterion relating
to "Hydrology" impacts.
The issue of hydrology is questionable because the criteria states that "Extractive Use" sites should
be outside of water supply watersheds. Stringent University Lake Watershed standards have been
addressed by the OWASA-commissioned Camp, Dresser and McKee Study regarding possible
runoff from the expanded quarry. The EIS indicates that runoff will drain to the quarry pit and be
recycled or released downstream through approved means. The existing asphalt plant issues have
been addressed through the previously referenced four-parry agreement. Runoff has been addressed
by the construction of containment structures and long-term concerns are met by requiring removal
of the plant by May 2000. Hydrologic concerns have been mitigated and are balanced with the
positive effects of the other nine evaluation criteria.
2
is
Evaluation Criteria: Oran a Coun Com rehensive Plan Amendment
The proposed Rural Industrial Activity Node complies with 10 of 11 locational criteria as
defined in the Orange County Comprehensive Plan receiving a "Questionable" evaluation on
"Hydrology".
On the issue of hydrology, Rural Industrial Activity Nodes, according to the Land Use Element,
should be located outside of 100-yeaz flood-prone areas. This alone is not justification for an
overall negative recommendation. The floodplain of Phil's Creek which is 150 - 200 feet in width
crosses through the site. The EIS states that impacts on the flood plain will be minor and temporary
as a result of placing culverts for the relocation of SR 1104. Beyond that it indicates that the
OWASA quarry reservoir and existing quarry pit will provide flood control benefits by containing
excess stormwater which would be released later at controlled rates.
Hydrology is an important locational criterion. However, there are other policy considerations that
come into play in acting on such amendments under the JPA and Land Use Element. These
considerations take into account the public interest; the health, safety and general welfare of Orange
County citizens. In evaluating these amendments against the criteria, the "benefits" of guaranteed
future water storage capacity -including safeguazds contained in the four-party agreement -seem to
outweigh the reservations associated with expanding the use within the watershed.
Miti ation Measures
Water and air quality, visual, noise and vibration mitigation measures identified in the EIS offer
additional safeguards. Please refer to the supporting documentation included as a separate
enclosure:
• Report A: Water Supply
• Report B: Supplement to the Environmental Impact Statement (pages 41 - 47)
• Report C: Summary of Mitigation Measures for the Extended Stone Quarry Reservoir
(pages 2 -10)
Report C notes a complete list of mitigation measures which are herein recommended by staff to be
included in the eventual special use modification.
Sustainabili
Sustainability is a goal of the Boazd of County Commissioners. Sustainability is a reasonable goal
to gauge. the strength of an application to amend a land use plan. The following is a list of
sustainability indicators that support the proposed amendments:
26
r zo
1) The amendments take along-range view (30+ years) of the community and its needs; the
proposal is not anchored in short-term gains, but
• the development of an economically viable and valuable primary resource
(mining/exixactive use); .
• is in a proximate location to the mazket to reduce traffic and pollution; and _
• most importantly, provides for the development of a secondary water resource for future
generations at a relatively lower cost (as noted in EIS alternatives to water capacity).
2) The amendment does not sacrifice regional goals for localized benefits;
• although other quarries may exist in adjacent counties, the use of a local resource is more
responsible;
• mining activities aze more efficient in one mining production facility versus multiple small
quarry operations that could not use the better technologies because of the benefits derived
from economies of scale;
• the use of the completed quarry site as a water supply reservoir represents an adaptive reuse
or recycling of the of land; and
• the storage of water in a deep quarry pit is more efficient than the flooding of bottomland
stream floodplains that would include mare acreage needs and condemnation of more land
at an expense to the general public.
3) Sustainability goals should also be comprehensible, so policy makers can understand the issues
and the causal forces in measurable terms. Water resources aze based on quantity (supply and
demand) and quality. If demand projections are high because of the intent to promote
conservation and complex nature of statistical projection then the proposed supply provided by
the proposed quarry/reservoir ensures supply for a longer term and with more reserve insurance
in the interim.
4) Sustainability also includes the concept of multiple or diverse benefits. The application is
strongly supported by the additional benefits that accrue to the region through ample and/or
excess storage volume. The Supplemental EIS dated March 1, 2000 addressed the benefits on
pages 16 and 17: Added benefits include providing alternate water sources in the iregion,
reduced drawdowns of Cane Creek and Jordan Lake, drought-proofmg, operational flexibility
in emergencies, additional down-stream release, sustainable resource management, and
optimizing available regional water resources.
In summary, sustainability concepts are a good comprehensive measure of an amendment's
positive or negative effect. The proposed amendment balances the interdependence of the economy
(quarry operation), the environment (acreage needs are low since depth provides volume), and long-
termpopulation water resource needs.
27
I - 21
Conclusion
The creation of an additional water supply source for OWASA will create along-term public good.
The expanded quarry reservoir would be available after the year 2030 as projected water demand
would be approaching the capacity of the existing system of reservoirs.
If projected water demand decreases over time with the advent of conservation measures or a
slower growth rate is realized,
...then the reservoir/quarry resource is a commodity that has a longer life
Due to the "geologic" pace of quarrying, planning for the future reservoir must be done many years
in advance and be proactively available when the demand or water resource flexibility is needed.
The additional water supply provides insurance for future options.
The j oint staffs of Chapel Hill, Orange County and Carrboro concur with the "changed or changing
conditions" cited by applicants and recommend approval of JPA-1-00.
Orange County staff concurs with the "changes or changing conditions" cited by applicants and
recommends approval of CP-1-OD, with the knowledge that safety measures through the state
permit, the County's Environmental Impact Ordinance, and additional mitigation measures
referenced herein will safeguard and greatly increase the likelihood that this proposal will result in a
long-term and comprehensive resource plan for all county and town residents.
h:\jpa\jtstf001.doc\gb
29
- ~VI/ASA ORANGE WATER & SEWER ALIT'HORITY
Quality Service Since 1977
HAND DELIVERED
March 10, 2000
Mr. Jahn Link, Jr., Manager
Orange County
P.O. Box 8181
Hillsborough, NC 27278
Subject: Extended Stone Quarry Reservoir
April 12, 2000 Joint Planning Area Public Hearing
Dear John:
As requested in my March $`" letter, I am providing additional information regarding the Extended
Stone Quarry Reservoir to_be considered at the April 12`" Joint Planning Area Public Hearing. The
OWASA Board of Directors unanimously approved the following resolution endorsing the Extended
Stone Quarry at their March 9`" meeting:
RESOLUTIONENDORSING THESTONE QUARRYAND RESERVOIR EXTENSIONAS
THE BEST OPTION FOR AUGMENTING OWASA'S RAW WATER SUPPLY WHEN
THE EXISTING CANE CREEIWNIVERSITYLAKE/QUARRYRES.ERVOIR SYSTEM
NO LONGER MEETS THE NEEDS OF THE CARRBORO-CHAPEL HILL
COMMUNITY.
We look forward to participating in the April 12`" Public Hearing, and we aze at your disposal should
you or Craig Benedict need further assistance preparing for this meeting.
Very truly yours,
ti
Ed Kerwin '
Executive Director .
Enclosure
c: OWASA Board of Directors
Chairman Moses Carey, Orange County Board of Commissioners
Mayor Rosemary Waldorf, Town of Chapel Hill
Mayor Michael Nelson, Town of Carrbaro
Cal Horton, Chapel Hill Town Manager
Bob Morgan, Carrboro Town Manager
Craig Benedict, Orange County Planning Director
Mrs. Philip Durham
Paxton Badham, American Stone Company
Dean Hardy, American Stone Company
Bob Epting, Epting and Hackney
30
RESOLUTION ENDORSING THE. STONE QUARRY AND RESERVOIR EXTENSION AS
THE BEST OPTION FOR AUGMENTING OWASA'S RAW WATER SUPPLY WHET) THE
EXISTING CANE CREEK/I]NIyERSITY LAKI;/QUARRY RESERVOIIt SYSTEM NO
LONGER MEETS TAE NEEDS OF THE CARRBORO-CHAPEL HII,L CO
WHEREAS, ahigh-quality and sufficient water supply is one of the community's most
precious resources; anal,
WHEREAS, OWASA is committed to providing a supply of high~uali drinkin
reliably and economically meet xhe existing and estimated future needs of the community; and,water to
' WHEREAS, the OWASA Board of Directors strop 1 desires to m
hrghly Protected water resources within Orange County; and, y ~ the available and
WHEREAS, OWASA has undertaken a Comprehensive Water and Sewer Master Plan and has
completed the technical work regarding water demand projections through 2050 and the various raw
water supply options which are available; and,
WHEREAS, the OWASA Board of Directors has extensively considered estimated future
water demand, the available raw water supply options, and related information including the input by
citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE OWASA BOARD OF DIRECTORS
THAT:
1 • The extended Stone Quarry option is the best approach for reliably and cost~ffectively
meeting the Camnnunity's Lang-term water supply needs-
2• The extended Stone Quarry option is expected to provide approximately three billion
gallons of storage capacity for water from the highly protected Cane Creek Reservoir and University
Lake watersheds.
3• OWASA is committed to minimizing the potential adverse community impact of the
extended Stone Quarry.
Adopted this 9~' day of March, 2000.
ATTEST:
Peter .C. Gordon, Chairman
•~
OWASA
January 14, 2000
®~~~~ ~~R ~ S~~
Quality Servi
Mr. Moses Carey, Jr., Chairman
Orange County Board of Commissioners
Post Office Box 8181
Hillsborough, NC 27278
Dear Mr. Carey:
Re: Request for Public Hearing on April a.2`"
Regarding the Proposed Stone Quarry ]Expansion
3
E ~,~
~L a~ - -~
nee=~~~~:--_.._ -~ ,:
~ ~ ,. ..
Z am writing to request that the, application of OWASA, American Stone Company, and Mr. and Mrs.
Philip 0. Durham to amend"the Orange County7Chapel Hi1UCarrbora Joint Planning Agreement and
Joint Plaan~aing Airea Land Use Plan and ~1VIap and~the Land Use Element and Map of the Orange County
Campreherisive Plan be considered at the April 12; 2000 Joint Planning Area Public -Hearing.
The hearing scheduled for these requests (numbered. JPA-1-99 and CP-2-99), in October 1999.was
postponed at our request.
Since that time, OWASA has substantially completed the portions of its. Comprehensive Water and
Sewer Master Plan that include:
• Estimated rates of gmwth and associated water demand for the next 50 years;
• Opportunities to manage that demand through different water conservation methods;
• Costs and benefits of alternative future water supply sources;
• Estimated safe yield that can be provided with additional quarry capacity; and
• The relationship between an expanded quarry and the need for water from Jordan Lake.
We are eager to share this information with the elected officials of Carrboro, Chapel Hill, Orange
County, and with the community as a whole.
Additionally, OWASA has engaged a consultant to review and update the Environmental lmpact
Statement {E1S) that was completed in 1993 for the proposed quarry expansion. We believe that this
new supplemental document will help us address concerns that have been ~raised-~since the pioposal first
went, to"public hearing in 1991. It will include more recently ~develaped information on blasting and
noise impacts, aii•. and water radon concentrations, and more. ~ • ~ .
32
Mr. Moses Carey, Jr., Chairman _
January 14, 2000
Page 2
We will provide this Supplement to the 1993 EIS as well as a complete explanation of the value to the
community ofadditional quarry~reservoir storage capacity in two documents that will be delivered to
the County by March 8'~. It is our understanding that this timing will allow those materials to be
. reviewed by Carrboro, Chapel Hill, and Orange County in preparation for the April 12~' Joint Planning
Area Public Hearing.
. Please let us lmow if we can provide any other information in the meantime.
Very yours, .
~.. ~
=~
Peter C. Gordon, Chairman '
Boazd of Directors ~ '
. c: Michael Nelson, Mayor, Tawn of Carrboro
Rosemary I. Waldorf, Mayor, Town of Chapel Hill
Mr. R. Paxton B~adham, Jr., Vice President of Land and Environmental Services, Martin Marietta Aggregates
Mr. and Mrs. Philip O. Durham
OWASA Board of Directors '
Mr. W. Calvin Horton, Manager, Town of Chapel Hill
NIr. John Link, Jr., Manager, Orange County
Mr. Craig Benedict, Director of Planning, Orange County
]VIr. Robert W. Morgan, Manager, Town of Canboro .
Mr. Ed Kerwin, Executive Director; Orange Water and Sewer Authority
r
3:
' ~ORTHE~, BLUE, ROOKS, THZBAUT.A1rDERSOIr & WOODS
Arx'o~~rs•~cs ~ LAw
loo EURDF+A DRrv~
SUITE SSD .
JQMN A. NppT1.1EN CHApgx, gzy~, hagTH Cl-B~LYI:d 27514
J. WILLIAM eLIIE, JR. _ MAILING AbpRES$:
pwvip M. RpoKS, III R O. 6dX 2208
C-++.RLE$ M, TMIbA~IT C-gAPEL HILL, NC 27515-$20
CMApLEB T. L ANOBR80N •
JQ ANN RAGAZZO WOCD8 •
CARDL J. NpLCDMe Te+"LEPMCNE f01Qf OS8-•aa
JAMES C. STANFORD l~-pril 6, ~^~~ , T6LEFAX 1910) 9a2-gesp3 •
Ch1ERYL Y. CAPRQN V 7
GREGORY MERMAN•GIDDENS •
Mr. Gene Sell
• Orange County Planning Department
306F Revere Road
I~illsborough, N 2'278 - •
Re: American 5tane Application (TPA-1-94 and CP=1-94) ' •
Dear Gene:
In light of the amendment to the foregoing application deleting the new asphalt plant,
it is no longer necessary to redesignate tax map lot number 7.112..31A as Extractive Use .
and by this lever I so amend the application.
Phase call me if you have any questions.
• ~ Sincerely, .
- NORTHFN, BLUE, ROOKS, THIBAUT,
' ~ • ANDERSON & WOODS '
• ~ - Da~`nd k~ III •
DMR/tpj .. .
cc: Mr. Paxton Badham •
Mr. Everett Billingsley ~ .
• I
. -
34
~ORTHEIv', BLI:E, B.00$S, T~iIBAt,*T, AI4~ERSON cgc ti400DS
•~'ro~xrrsrs wr Lww
' loo euaaPA DRIVE
s~ITE szo
JOHN q, NORTMEN CHa-pE7, i~(Z,j., ~Ol3TFI CA7tOLINA 27314
J. WILLIAM BLUE, JR. MAILING ADDRESS:
DAVID M. ROOKS, 111 R G. BOX 2208
CNApLf~5 N. TNIBAUT CHAPEL MILL, NC 27313-224 8
CMARLE$ 7 L ANDERSON
JO ANN RAGA7Z0 WOOD$
CAROL J. MOLCOMB -rELEpb10NE (9181 g6B-aaal
JAMES C. STANFORD -
March l
1
4 TELEFAX 1819) gat-6403
CWERYL r,. CAFRON /,
77
GREGORY NERMgN-GIDDLSNS ,
, -
Mr. Marvin Collins, Director •
Orange County Planning Department '
30bF Revere Road
• Hillsborough, NC 27278 ~ •
Re: JPA-1-91 and CP-3-91
' American Stone Company, Orange Water and Sewer Authority and '
. .Philip and Alice Durham ~ ~ ..
Dear Mr. ~ Collins: .
The applicants have authorized me to amend the application to delete the request to
construct a new asphalt plant on the eastern side of the OWASA reservoir.
The Nella Teer Company currently operates an asphalt plant on the east side of S.R.
1104 under an agreement with OWASA which allows Teer to operate the plant until May 10,
2000. Teer intends to continue to operate the existing plant through the balance of the term
of its agreement with OWASA.
. Gene Bell of your office has aslaetl me for American. Stone's response to issues raised
at the initial Joint Planning Area public heating and • the Commissioner's public hearing an
the Environmental Impact Stazranent (ETS) submitted by American Starve. The principal
issues raised at the hoaxing va the EIS had to do with'the proposed new asphalt plant which I
believe are fully addressed by the deletion of the plant from the application. -
'T'here were also questions raised at both public hearings about vibration and noise.
Under separate cover, American Stone will be providing you with a narrative of its attempts
to address the concerns expressed by individual pmperiy owners.
35
. ~ORTHEI+~, BLL"E, ROOKS. THYBaL'T. ANDERSON Be WOODS
. Mr. Marvin Collins, D_ hector
March 17, 1994 •
Page 2 .
Please call me if you have any questions.
. sincerely,
_ NORTHEN, BLUE; ROQKS, THIBA~~ .
• ANDERSON &. WOODS
• a ~ ~ ..
d .Rooks, III ~ .
DMR/tPJ .
cc: Han: Moses Cary, Chairman .
lVir. John Link .
Hon. Kenneth Brous, Mayor
lVlr. Roger Waldon •
• IVir. Calvin Horton
Hon. IIeanor Kinnaird, Mayor .
Mr. Roy Williford
Mr. Robert Morgan . • '•
IVIr. Everett Billingsley .
• Mir. Pa~cton Badham
r
37
Ir108T1~EN; BLUE, LITTLE,OOHS. THIRACiT & A,Ir*DERSON -
' ArrOarr~rs ~s Lsw
100 EUR017A DRIVE
SUITE S50
JOIiN A. NORTNEN Ggq,pgL FALL, NGRTH ~.+laROLIl~iA 27514
J. WILLfAM GLUE, JR. MAILING ADDRE$g;
J. ANDERSON L17'rLE R Q RIOx 2208
DAVID M. ROOKS, III CI-IAREI. HILL, NC ~27SI$-221
CHARLES M. TNI6AUT
CHARLES T. L ANDEgSgN -
JO ANN flAf±AZZD WOODS (919) 98B-4a.
CAROL J. NoLCOMe AL_lgust 19, 1991 ~ELE 19) saz-BSO~
JAMES O, STANFORD
/ ~~
Mr. R. Eugene Bell, AICF
orange County planning Department
306F Revere Road -.
Hillsborough, N. C. 27278 '~
Re: Application of American Stone Company, Orange Water &~Sewer
Authority and Philip and Alice Durham to amend the Joint
Area.. Land Use Plan and the Comprehensive Plan
Dear Mr. Bell:
Thank you for your letter of august 13, 1991. Please treat
this letter as an amendment to the application filed on August 5,
1991. 1
The "Specific Data" section of the application should be
amended to show the following;
~'owns,~in a Ma lock of
Bingham ~ 28..8A (approximately 5 acres)
28..98
28..9C
28..9E
Chapel Hill 112..31A
The total acreage is 207.64 and the total square footage is
• 9,044,798.44. The project has a total frontage on N. C. 54 of
2,240 feet with a frontage on S. R. 1104 of 3,600 feet on the
west side: and 2,920.feet on the east side.
Under the."Request" section 'of the application, the Land IIse
Plan Category Designations requested should be amended to add
"Extractive Use" to the Rural. Industrial Activity Node already
amendingdtheIJoint plaanningiArea iandsUse Plan.~e purpose. of
I have attached a revised legal description which takes the
revised taX map designations into account. Please note that the
description for TM 6.28.,gA, includes only that portion of the lot
which will be part of the project.
38
NOATHE~7, $LUE, LITTLE, AOOg5, TxreAVT & ~1'DEASON
R. Eugene Sell
August 19, 1991
Page 2
..
Thy section of the letter attached to the application
• entitled "Special conditions making the Proposal Reasonably
Necessary" was an attempt to address the issue of-what changing
conditions in the area and in the Caunty generally make the
proposed amendment reasonably necessary. The critical point iS
that the continued growth in southern Orange~County has placed a
., premium on the location and development of sources of drinking
water and this'is the principal-changing condition which makes
. the proposed amendment reasonably necessary.
2 have advised, American Stone Company of .the application fee
which~x believe would be $1,198.20. American Stone wi11 send a
• check in this amount directly to you.
Please call me if you have any questions. •
Sincerely, -
. ~ --~
• v oks
Dl~t/t~h
• Enclosure's
cc: Mr. R. Paxton Badham, Jr.
. Mt- W- Everett Billingsley '
Mr. H. Wayne Phears
3'
DR.ANGE CQUNTY PLA~4Ti~'ZNG DEPARTMENT
306F REYERE ROAD r
HILLSBDROCiGH, NORTH CAROLItiA 7278
• ~,. ~ ~.
r'
- ~ ~.
,~
' LAND USE PLAN ~ AMEND*3ENT
APPLICATION '~
All persons requesting ari amendmeat to the Land Us.e Plan of Oraage
County are required to complete the following applicatioa as completely
as passible:
.. .. ti • ... ..
~~-,-~
O ICE VSO, ONLY ~ `
UE T~ TP! ~~ I~o~ CP-3.9t~ .. ~~ .
5 ~19~1
~~ ~ C VED : $ ~5 - 19g 1 ~ I I3°An1. FC
~~
S AF ,P ~C
T F ON S ~ESPONS ALE : ~ Crene dell ~ flcve Sicanc, ~
G`~~ p' American Stone Company, Orange Water
°raperty Dwaer(s) Name:
I~ailiag Address: c~ ~ '
. ~ NC 27!
Phone;
(Home)
{Work)
Ageat(s) Name:
Mailiag Address:
Phone:
S?ECIFIC BATA:
D~VSB M. Rnpke. TTT '
P 2208
91 68-444 '
Tax Reference: Township Bingham _ Tax Map 2$ Block~~ Lot~3IId 9$
. .
Pub).ic/Private Road Name: N~ 54 and Bethel Church Raad
Lot Size: Acreage 278 - Square Footage 12,113,600
w Lot Frontage _ l~g$ Depth• '
Current Plaa Cate o Desi 00- W/5 S8 1104
4 iY gaation (s) ; .General Rural Bu ~~r,,,
Activity Node No ~ ~ Watershed Yes
Joint Plaaniag.Area Yes •_' •
40
S4E. ~?~,c D~T~ (continued):
R~' .L]~'S . ~ IIp~
Describe Land Uses in the Genera]. Area. 'residential and
a ricultural
Cn Adjacent Paroe?s of Land; residential and
a ri,cultural ~ •
~tEOVEST? ~ •
Land Use Plan Category Desi9natioa(s)
Type o~~ Araeadment: Primary
.' ~ •,~ •.
'~ w ,~ ~ ~ ~
Requested:. 'vity
Node ~ • "
Secondary
ti ~~ should be submitted with the following materials:
dimensioned tax map oa which~is highlighted the parcel,
rtian thereof, in question.
gal description of the parcel, or portion thereof
Letter of request to include:
. o the tax reference, general locationi.aad owner of the
. parcel •
-•o the current and requested land use plea category i
' o a narrative stating the manner in which the proposed
amendment ari11 carry-out the intent and purpose of the
adogted comprehensive plea or part thereof
o a statement:of nay other cireu~staaces, factors and
• reasons which the applicant offers in support of the
. Proposed amendment ~ .
e statement of the changed or changing conditions is the
area., or is the County generally, which make the proposed
amendment reasonably necessary. ._
x (We), the undersigned, certify that all statements furnished in this
application are true and 'to the best of. my (our) knowledge and that the
application as submitted is complete. :,'~ .
• -• ~ erican S one. Co nay
NAIL CF APPLICANT b ~~
SIGNAT`,URE OF AP TCANT(S)
. Clrnrrrn LT~~e.. ~..~ r'~.---- "--~*----~ . _ ~... ~. . 9'~ '~ • ire ~
41
August 1, 1.991
Mr. Marvin Collins
Director,~Orange County Planning Department
306F Revere Road '•
Hillsborough, N. C. 27278
Re: American stone co. quarry - N. c. Highway 54
Dear Mr. Collins:
This letter is submitted. in support of our application to amend
the Orange County Land Use Plan and the Joint Planning Area Land
Use Plan to designate the area surrounding the existing American
Stone Company••quarry and orange water and Sewer Authority,
reservoir on N. C., 54 near S. R.- 1104 as.a Rural Industrial
Activity Node where extractive uses are allowed.
d ntif ' cat o 0 o ert
The tracts .affected are at the intersection of S. R. 1108
(Bethel-Hickory Grove Church Rd.) and N. C. 54, and are described
. on the attached map. The specific owners are as follows:
owner
. American Stone Company 7.112..31A
• ~ 7.112..32
6.28..8A
. 6.28..9
6.28..9C
Orange Water and Sewer Authority 6.28..9E .
Philip and Alice Durham ~ 6.28..9B
orange Water and Sewer Authority (oWASA) uses the o~.~d quarry-pit
on its. property•ronjunctively with University Lake to store
- excess water from the Cane Creek Reservoir.. American Stone
company (American) leases a portion of the Durham property~on the
west side of S: R. 11D~ where it operates an active a rock
4u~ry• As an accessory to the quarry, Nello L. Teen Company
(leer) operates an asphalt plant on a portion~o~ the oWAsA
ProP~y between OWASA~s existing reservoir and Americans active
quarry.
owASA, American, Mr. and Mrs. Durham and Teen have entered into
an agreement which, subject obtaining all relevant governmental
approvals,~calls for the relocation S.R. 1104 and the asphalt
plant,~which currently separate the reservoir and active quarry,
42
Mr. Marvin Collins
August 1, 1991
Page 2.
to the eastern side of the~site so American can expand the active
quarry toward the OWASA reservoir. At the end of the quarry
operation, but no later than 2029, the expanded quarry and an
adjacent buffer will be conveyed automatically by operation of
the contract to DWASA,for use as an reservoir with additional
storage capacity of up to three billion gallons- more than five
times. the capacity of university Lake. The relooated asphalt
plant would be designed and constructed with sophisticated
environmental safeguards, as specifically recommended by Camp.
Dresser and McKee, OWASA~s watershed consultant, and consistent
with current environmental standards.
e C1s • Cate o
The property is 'located in the Rural Buffer and•University Lake
watershed, and is zoned accordingly. The Joint Planning Area
Land Use Plan designates uses as public/private open space,
resource protection, rural residential and extractive use.
ro osed Use Cate
Applicants propose that the tract be designated as a Rural
Industrial Activ~.ty Node in the Land Use Plan.
Co o w t o es o t e Com re a sive a
Thg proposed designation would carry out the intent and purposes
af~the Land IIse Plan by furthering specific goals set out in
section 3.5 bf the Plan.
For Example, Goal•ten (~~Clean~and safe water supplies•available
and adequate to meet future needs of the residents of Orange
County"7, would be .advanced~by providing an expanded reservoir.
with the capacity to store up to three billion gallons of excess
Cane Creek water. The site'is conveniently located adjacent to
OWASA ~ s rani water transmission main' between the 'Cane Creek
Reservoir•and OWASA's Ovater treatment plant.
. .
The fact that this additional capacity can be obtained without
acquiring any new agricultural property is consistent with Goal
Seven •("Continued use of agricultural land and the preservation
of the farming way of life") . •
The proposal also promotes Goal Six ("Ecoinomic development which
meets local needs while protecting the natural environment") by
continuing a quarry operation that provides additional tax
revenues and employment oUDOrtunities. both dir~etly and
Mr. Marvin Collins
August 1, 1991
Page 3
indirectly. The expanded storage reservoir will provide
additional high quality water for the community at little capital
cost to the public.
By using a mutually beneficial public/private easement to
transform a business enterprise into a public water supply
reservoir, the proposal advances Goal Number One of the
Comprehensive Plan: "To conserve the County's natural environment
through .means which are equitable to all citizens of orange
county."_
S ecia Con itfo s Mak'n the Pro osal Reasonab Nec ssa
1. The scarcity of suitable sources of high quality water to .
serve the growing needs of southern Drange County.
~. The availability of stone at a site conveniently located for
public and private construction projects in southern Orange
County.
3. The provision of hot mix asphalt within reasonable hauling
distance of the local market area. .
Summary,
•This unique combination of circumstances, in which economic
development and natural resource goals are mutually reinforcing,
is a "win-win" opportunity with substantial benefits for. the
applicants and the community at large. Further documentation
will demonstrate that economic and environmental costs tv the .
community wall be negligible. -
Sincerely,
American Stone Company
sy: ~tc~a. ~'
•Drange Water and Sewer Authority
. ~ r~
. r~~
By • ~"~~ -
~. 1
~~S
44
~ .+
.._
C
~ T
q ~ ~
U) _ ~.
E O
y t
r C
D
V
O ~ V
O Ll~ o
p
~
G
F+ ~
. m G
o G. as
+~ ~
N ~
+~ co m
C is
~o ~
rl d cd
ao
+s cV ;~
rl ~, i-i
co m ca
.C ~ e.
CL ~
N C tl
f0 •ri ~
O
01 C 4-1
~' •~•~o
~' N ro ~
t ~ •~ H ~
' x m
w ~ 4-i
o a
••ww
a ~ I V +i
' -a
a~
+~ n ~
~~a~a
- ~p W N H
•
V1 ~ '. w'~',~•~. . ..
~ . Q1 N
N •~ tl^^! m +N
L
O
~ ,,
~
Q W
m N d ri C
6
f
-i
~
a ~
~ ~.~ °W~~ `a
r
i CL O7 t
C? C?
fC hl W C E 1~ ~ t7 ..
m ~
C I-- I eo fad ~ a
• o
4
i A ~ MI
W C7 a~'
~~~ ~ .
x~ C tI)
"~
~y
r ~
~~+ ~r~
• _ ~ _~
• ~ ~ r
,~ ~ ~ r
,r1 ( ~-- 45
a ~~~
p ~~ Q O~ _ ire} J ~"
~' ~ ~. O7 ~~'' ~ a m m a~i o 'ao N ~- :.
C N m a7 ~ M ~ ~ ~ R7 p Z . ;..~••,
w C I.i ~ LJJ g ~ N U1~ «~.~.~::~:~_
^~:t
d7. W p r U ~ e1 ~ m rl •rl C Q •ri ~ •~~`•
0. L]
Cv~ d tv ~ O ~` = ~W _ Pp~ ,5 C ~ ~" ~ ~ N tai 41 ~ Lam] bQC - ~ ~ ~~.
d ~ ~ .., N 41 . » ~ O sL M a .tJ X x ~ p h.. ~; : ~ ~ ,
~ x 4 Ir a i7 4 ~ ~ a CC ''i w F~ ~ ~ - ' a C . W ~:, ~~,
a~ a z ~ ~' o- '•\, 1
.E e• E ~C~rri ` ~ ~ .
awua ~ c. ~ ti 1
~ I !~
. n Q ~ 7 ~J ~ ~ *~ - ~ 1-, 1 ~ I
1
. ~~ mac} OJ+ • ~ ..
+~ -
'~.!•m ~ ~
.757: •~ ~ ~ w
.::~
W ~ ::::_:. `~::::~~
~ ~ ~ I "z
a ~ ::~.\ '
~: .
~ l
It1 ~ 4
IL
:E'~'
W ^-~-.
W
O
r
us
I
n s'ree :'~3'
Fw :e:`a
1
~~~..~ { r
eeiee ~
-s'.'.
I 1 .
~_
s:e: :.7re3:.w ~~
'~7'~ '
.s
:8r9
1
~ .
r
_ ~:
:~ .
~:~::
I~
b „,w7.« 7:K:: '!`7.7'7' ::\
+}! ~~:
'' :'~[`~ 7 :~ ~. M~•' ; '«7.77....
'7~\
~~~N . I
~~ ~. \
11-
~]
1
V
e?:a^ ~.
..e'-•-•-...7•-•-......~.......
~:
m
:~"
01
a
6'a~:~'=:::::; :::::arm
:~
»:~.f.
'i'e
:::
m •~a
..
...~
N
Q1
l
~~
~.
_: .
0
46
PRQPERTY DESCRIPT20N
TM: 7.112..31A
BEGINNING at rock and pointers on the Old Bethel Church Road,
small road, the Northeast corner of the Church property; running
thence with the Church property and others South 22 Deg. East 22
chains to a stake in a branch; running thence down the said branch
the following courses and distances; South 70 Deg. West 7 of a
chain; South 87 Deg. West 2 chains, South 74 Deg. West 2 chains;
South 42 Deg. West 1.50 chains; South 45 Deg. West 1.60 chains;
South 35 Deg. West 2.50 chains and South 20 Deg. West 1 chain to
an ash; thence along a branch South 41 Deg. 30' West 8..60 chains
running thence up a gully the following courses and distances;
North 29 Deg. West 2.50 chains; North 13 Deg. West 1.'70 chains;
North 29 Deg. East 1.50 chains; North 3 Deg. East 1.5 chains; North
7 Deg. West 3 Chains to the head of the gully; running thence North
26 Deg. West 7~chains to the center of the old raad the following
courses and distances; North 60 Deg. East 2.40 chains, North 56
Deg. East 2.50 chains; North 37 Deg. East 3 chains; North 21 Deg.
East 5 chains; North 10 Deg. East 3.50 chains; North 35 Deg. East
1 chain; North 50 Deg. East 2 chains and North 45 Deg. East 4.80
chains to the beginning, containing 40 acres.
TM: 6.28..9C
BEGINNING at an iron stake on the Southern margin of Bethel
Church Road (SR 1104), said stake being in the northeast corner of
the Orange Water and Sewer Authority Property; running thence North
56 Deg. 20' 15" East 951.32 feet to an iron stake; running thence
South 22 Deg. 26' 45" East 713.12 feet to a stake; running thence
South 47 Deg. 48' West 88.68 feet to a stake; running thence South
47 Deg. 00' West 197.87 feet to a stake; running thence South 59
Deq.-14' West 165.00 feet tv a stake; running thence South 70 Deg.
22' West 158:38 feet tv a stake; being a control corner; running
thence North 77 Deg. 04' 30" West 316.69 feet to a stake; running
thence North 31 Deg. 41' 45" West 527.15 feet to the point and
place of BEGINNING, being 12.166 acres, more or less, and being all
of the PROFERTY OF~SAMT7EL DAVID DURHAM as per plat and survey
thereof by Robert J. .Ayers, R.L.S:, dated October 29, 1982, revised
March 16, 1983, and recorded in Plat Book 36 at Page 189, Orange
County Registry, to which reference is hereby made for a more
particular description of same.
TM: 6.28..9E
BEGINNING in the property line on the southeast side of Bethel
Church Road at the northwest corner of a 5.919 acre tract indicated
on the map hereinafter referred to as S. David Durham, et ux, said
point of beginning being 303.21 feet from a marker in the northern
line of the right-of-way of N.C. Highway 54 and the eastern or
a3~
southeastern lino of the right-of-way in the Bethel Church Raad,
and running thence from said point of beginning along the South and
East line of the Bethel Church Road North 56 Deg. 20' 15" East
1999.33 feet to an iron stake which is located at the southwest
corner of a 15.238 acre tract shown on the map as S. David Durham,
et ux; thence along and with the southwest line of the property of
S. David Durham, et ux, South 31 Deg. 41' 45" East 527.15 feet to
an iron stake; thence continuing along and with the southern line
of the property of S. David Durham, et ux., South 77 Deg. 04' 30"
East 316.69 feet to a control corner; thence the following courses
and distances: South 20 Deg. 54' East 259.43 feet to an iron stake;
South 21 Deg. 42' 30" East 196.06 feet tv an-iron stake; South 0
Deg._19' East 175.93 feet to an iron stake; South 02 Deg. 18' East
159.15 feet to an iron stake; South 26 Deg. 46' West 147.32 feet
to 'an iron stake; South 09 Deg. 50' East 113.25 feet to an iron
stake; South 23 Deg. Z5' West 188.17 feet to an iron stake; South
53 Deg. 21' West 276.68 feet to an iron stake; and South 22 Deg.
41' West 82.02 feet to an iron stake in the northern right-of-way
of N.C. Highway 54; thence along and with the northern right-of-
way of N.C, Highway 54 North 76 Deg. 37' 45" West 1420.00 feet to
an iron stake, the southeast corner of the 5.919 acre S. David
Durham Tract as shown on the map hereinafter referred to; thence
along and with the eastern line of said 5.919 acre tract North 0
Deg. 06' East 326.67 feet to an iron stake, the northeast corner
of said 5.919 acre tract; thence along and with the northern line
of said 5,919 acre tract North 75 Deg. 30' West 687.70 feet to an
iron stake in the right-of-way of the east and south side of Bethel
Church Road, the place and point of SEGINNINGy and being parcels
A and B, containing 60 acres as shown on a map ~ entitled "ORANGE
WATER AND SEWER AUTHORITY~QUARRY RESERVOIR SITE" prepared by
Sallentine-Ayers, Registered Land Surveyors and Engineers, dated
March 16, 1979, revised March 27, 1979 and again revised May 7,
1979, and being filed and recorded in the office of the Register
of .Deeds of Orange County in Plat Book 30, page 168, to which said
map and record reference is hereby made for a more accurate and
complete description.
TM: 6.28..9B
BEGINNING at a concrete monument at the northwest corner of
the intersection between N.C. Highway 54 and State Road ].104
(Bethel Church Road); thence along the right of way of Highway 54
a curve to the left with a radius of 5752.32 an arc distance of
185.32 feet to an iron stake; thence North 06 Deq. 38' 39" West
626.73 feet to an iron stake; thence North 12 Deg. 38' 16" East to
the centerline of Phils Creek (an iron stake along Phils Creek
being located 1685.75 feet in said direction); thence -along and
with the centerline of Phils Creek approximately the following
courses and distances: South 85 Deg. 27' S4" East 125.07 feet to
an iron stake; South 69 Deq. 52' S7" East 73.75 feet to an iron
stake; _ South 38 Deg. 26' 33" East 176.56 feet to an iron stake;
South 63 Deq. 36' 24" East 49.57 feet to an iron stake; South 19
Deg. 14 ', 15" East 150.13 feet to an iron stake; South 58 Deg. 06'
4
48
30" East 139.38 Feet to an iron stake; North 31 Deg. 09' 26" East
83.69 feet to an iron stake;, thence along the property line of
American Stone Company North 04 Deg. 14' 08" East 923.62 feet to
an iron stake; thence along the property now or formerly owned by
George Tate, Jr, .South 87 Deg. 11,' 23" East 1650.00 feet to an iron
stake; thence along and with the property now or formerly awned by
Alfred Cotten Perry south 26 Deg. 59' 56" East 688.92 feet to an
iron pin in the right of way of State Road 1104; thence along said
right of way South 51 Deg. 08' 49" West 3467.55 feet to a concrete
~monur~ent, being tree point and place of BEGINNING, and being
approximately 1DO.00 acres according to a survey by Southeastern
Surveys, Ync., James R. Hudson, R.L.S., entitled "Property of
Philip o'Day Durham and wife, Alice G. Durham and Mrs. Ivah J.
Fanning Durham", dated July 1, 1976.
TM: 6.Z8..8A
BEGINNING at a point in Phil's Creek, the northeast corner•of
the property of Philip and Alice Durham thence in a northeasterly
direction approximately 480 feet to a point thence. in an easterly
direction approximate 280 feet to a point in the western line of
the property of Philip Durham and Alice Durham, thence along the
western line of the Durham property South 2 Deg. 48' 10" West
approximately 447.99 feet to a stake; thence South 6 Deg. 35 ' S5"
West 196.78 feet to an iron stake; thence South 30 Deg. 32' 10"
West 83.71 feet to an iron stake in the northern margin of Phil's
Creek; thence with the center line of Phil's Creek in a northwest
direction a distance of approximately 720 feet to the point and
place of beginning and being approximately 5 acres and being a
portion of the 18.679 acre tract conveyed to American Stone Company
by W. Erwin Yates and Nancy Yates.
49
OVI/ASA ORANGE WATER & SEWER AUTHORITY
Quality Service $in~e 1977
HAND DELIVERED ~ -
March 8, 2000
Mr. John Link, Jr., Manager
_ Orange County
' 1~.0. Box 8181
I~illsborough, NC 27278
Subject: Extended Stone Quarry Reservoir
Apri112, 2000 Joint Planning Area Public Hearing
Dear Jahn:
On behalf of the Orange Water and Sewer Authority (OWASA) and our co-applicant, American
Stone Company, I am providing information in support of our joint request to amend the Orange
County/Chapel HilllCarrboro Joint Planning Agreement; the Joint Planning Area Land Use Plan ~=
and map; and the Land Use Element and map of the Orange County Comprehensive Plan, which
will be heard at the April 12, 2000 Joint Planning Area Public Hearing.
Attached are the following documents:
• Water Supply: A SaYear Yision for Carrbora, Chapel Hill, and Southern Orange County
This OWASA staffreport contains technical and policy information as to how the
proposed extended stone quarry reservoir fits into OWASA's long-term raw water supply
plan-
• Final Report: Supplement to Stone Quarry Environmentad Impact Statement
Prepared by Tetra Tech, Inc., this report provides an update of the 1993 Environmental
Impact Statement for the stone quarry area. .
• Summary of Mitigation Measures for the Factended Stone Quarry Reservoir
This report was prepared jointly by American Stone Company and OWASA and
summarizes community and environmental mitigation measures which have been or are
planned to be implemented by American Stone Company and OWASA.
In,addition to these documents, I respectfully request that you would allow us to submit
additional information no later than Monday, March 13, 2000. The OWASA Board of Directors
will be considering a resolution in support of the Extended Stone Quarry Reservoir at their
March 9, 2000 meeting.
50
Mx. John Link, Jr., Manager
March S, 2000
Page 2
Finally, OWASA and American Stone request that each of us be provided an opportunity to
make a 10 to 1 S minute presentation at the April 12, 2000 Public Hearing.
Vgry truly Yours,
/~.~ ~, ~.
Ed Kerwin Paxton Badham, Jr.
Executive Director Vice President of Land & Environmental Services
OWASA Martin Marietta Aggregates
Enclosures
c: OWASA Boazd of Directors
Chairman Moses Cazey, Orange County Board of Commissioners
Mayor Rosemary Waldorf, Town of Chapel Hill
Mayor Michael Nelson, Town of Carrboro
Cal Horton, Chapel Hill Town Manager
Bob Morgan, Carrboro Tawn Manager
Craig Benedict, Orange County Planning Director
Mrs. Philip Durham
Dean Hardy, American Stone Company
Bob Epting, Epting and Hackney
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
yoeat! of B'
Comprehensive Planning ~~~ * '~ 306E Revere Road
(919) 245-2589 ~ ~ ~ P O Box 8181
(919) 644-3002 (Fax) '~ Hillsborough,
www.co.orange.nc.us ~'°~.b e.te~~°' North Carolina, 27278
March 24, 2000
Deaz Property Owner:
You have been identified as the owner of property within S00 feet of a proposed amendment to
the Joint Platuvng Area (JPA) Land Use Plan and Land Use Element of the Orange County
Comprehensive Plan. The proposed amendments aze referenced as JPA-1-00 and CP-1-00; they
will be presented at a joint public hearing before the Orange County Board of Commissioners,
Carrboro Board of Aldermen, and Chapel Hill Town Council on April ].2, 2000: The hearing
will commence at 7:30 PM and be held in the Orange County Southern Human Services
Center, 2505 Homestead Road in Chapel Hill. This will be the fourth in a series of public
hearings: the first occurring on October 10, 1991, the second on October 14, 1993, and the third
on April 14, 1994.
The applications aze submitted on behalf of American Stone Company, the Orange Water and
Sewer Authority (OWASA), and Philip and Alice Durham. The subject azea is composed of
three properties and a portion of a fourth and contains approximately 16S acres. Of the total
acreage,. 84.77 acres aze presently under a valid extractive use permit. The properties aze located
north of NC S4 neaz the intersection of Bethel=Hickory Grove Church Road (SR 1104). The
proposed amendments which will be considered jointly aze summarized as follows:
JPA-1-00 requests expansion of the extractive use plan category as contained in the JPA Land
Use Plan. The extractive use category encompasses mining and quarry operations. Currently the
property referenced as property identification number 9759-54-4097 and owned by Philip and
Alice Durham is the only property so designated. The amendment application requests that the
extractive use category be extended to the remaining properties. Amendments to the JPA Land
Use Plan require the approval of Chapel Hill, Carrboro, and Orange County as specified in the
Joint Planning Agreement.
CP-1-00 requests the establishment of a rural industrial activity node covering the subject
properties. A rural industrial activity node is land focused on designated road intersections in the
rural azeas that is appropriate for industrial uses which do not require urban-type services. Such
an amendment requires only the approval of the Orange County Commissioners.
5z
Please note that this is not a zoning hearing. The plan amendments will have to be approved by
the appropriate local governments before rezoning petitions will be considered. Such petitions
would be presented at a future public hearing following appropriate public notification.
You are invited to attend the April 12 public hearing and comment on the proposals. If you
have questions, please contact me at 245-2589 or Craig N. Benedict, Director of the Planning
and Inspections Department.
Sincerely,
a--~~
R. Eugene (Gene) Bell, AICP
Planner III
4
labels for
April X2, 2000
JPA Public Hearing
American Stone
6.28BA,4
PHIPPS PEGGY J
POBOX95
CARRBORO NC 27510-0095
6.28BA.2
BINDEMAN WILLIAM WYLIE II
2219 ESTHER DR
GHAPEL HILL NC 27516
6.28..8
AMERICAN STONE COMPANY
P O eOX 30013
RALEIGH NC 27622-0013
8.286.6.1
GURGANUS BRUCE
1039 CRESTON RD
BERKELEY CA 94708
6.286. B.3
HART DAVID M ETAL
2302 ESTHER DR
CHAPEE HILL NC 27516
6.286.6:6
PARRISH ROBERT L JR
1313 MONITOR AVENUE
ORLANDO FL 32818
6.28..96
DURHAM PHILLIP O
1919 HWY 54 WEST
CHAPEL HILL NC 27516
7.112..32
AMERICAN STONE COMPANY
PO BOX 18565
GREENSBORO NC 27419
6.28..6
MCCAULEY FAMILY PARTNERS
9811 CARRIE RD
CHAPEL HILL NC 27515
6.286.A.3
TUTTEE JOHN FRANKLIN
1115 VALLEY PARK DR
CHAPEL HILL NC 27514
6.2.86A.1
SMITH RAYMOND E
2303 ESTHER DR
CHAPEL MILL NC 27514
7.112..32E
DILETTOSO MICHAEL L
308 YORKTOWNE DR
CHAPEL HILL NC 27516
6.28..9E
PERRY ALFRED GOTTEN
1113 E LANE 5T
RALEIGH NC 27601-1237
6.286.8.4
SUGDEN MARY K
2218 ESTHER DR
CHAPEL HILE NC 27516
7.112..32D
HARDISON JESSE PERRY
9429 BETHEE HICKORY GROVE
CHAPEL HILL NC 27516
6.28..9K
PERRY ALFRED GOTTEN
1113 E LANE 5T
RALEIGH NC 27601-1237
6.28..9N
PERRY ALFRED GOTTEN
1113 E LANE ST
RALEIGH NC 27601-1237
6.286.6.7
TATS GEORGE JR
342 W ROSEMARY ST.
CHAPEL HILL NC 27514
6.28..7
MCCAULEY DAVID
9811 CARRIE RD
CHAPEL HILL NC 27516
6.28..9A
PERRY ALFRED COTfEN
1113 E LANE 5T
RALEIGH NC 27601-1237
6.28..9H
PERRY ALFRED GOTTEN
1113 E LANE 5T
RALEIGH NC 27801-1237
8.28,.8A
AMERICAN STONE CO
PO' BOX 18565
GREENSBORO NC 27419
6.286.6,5
WOOD SUSAN C
2210 ESTHER DR
CHAPEL HILL NC 27516-9480
6.28.,9)
PERRY ALFRED GOTTEN
1113 E LANE ST
RALEIGH NC 27601-1237
6.28..9M
PERRY ALFRED GOTTEN
1113 E LANE 5T
RALEIGH NG 27601-1237
6.28..9P
DURHAM PHILLIP O
1919 HWY 54 WEST
CHAPEL HILL NC 27516
7.112.,31A 6.28..9Q ' 6.28..9C
AMERICAN STONE COMPANY ANGELETfI JOHN G JR AMERICAN STONE COMPANY
PO BOX 18565 1911 HWY 54 WEST PO BOX 18565
GREENSBORO NC 27419 CHAPEE HILL NC 27516 ~ GREENSBORO NC 27419
53
54
6.28..9E 7.112..31 6.28..9
ORANGE WATER & SEWER DURHAM RODGER W AMERIGAN STONE COMPANY
PO BOX 366 ~ 209 RIDGEWAY DR PO BOX 18565
CARRBORO NC 27510 GREENSBORO NC 27403 GREENS60R0 NC 27419
6.29..11 6.29..12A 6.29..12E
MAYO DOROTHY D ANDREWS GAMILLE W F 8~ H, GOMPANY LLC
1902 HWY 54 W 218 OLD HILLSBOROUGH RD 870 AIRPORT RD
CHAPEL HILL NC 27516 CARRBORO NC 27510 CHAPEL HILL NC 27514
6.29..13 6.29.,13A 6.29..12
STONE JONATHAN' LAWRENGE STONE CHARLES L BRYANT LORREN
116 S MERRITT RD PO BOX 73 100 JAMES ST
CHAPEL HILL NC 27516 CARRBORO NG 27510 GARRBORO NC 27510
6.29..14 6.2J..17 6.29..18
GROGAN ANNABEL H IVEY WUDSON ALICE F PRESSLEY CHRISTOPHER E
4931 HOWE ST LOT 15 1400 HWY 54 WEST 1320 HWY 54 W
DURHAM NG 27705 GHAPEL HILL NC 27516 CHAPEL HILL NC 27516
6.29.,19 6.29..20 6.29..20A
SMITH DENISE A LLOYD DENNIS E CRAVEN JAMES R
1316 HWY 54 WEST 20211 TREETOP LN 1222 HWY 54 W
CHAPEL HILL NC 27516 SPRING TX 77388 CHAPEL MILL NC 27516
6,29..208 7.113.A.1 6.29..16A
ASBILL JAMES V ASBILL WALTER VERNON LEIGH MARGARET
1152 HVVY 54 W 1200 HWY 54 W 103 CULBRETH RD APT 110
CHAPEL HILL NC 27516 CHAPEL HILL NC 27516 CHAPEL HILL NC 27516-8071
7.113F..1 6.29..16
ASBILL BRIAN KEITH LEIGH MARGARET L
1178 HWY 54 W 103 CULBRETH RD APT 110
CHAPEL HILL NC 27516 CHAPEL HILL NC 27516
5~
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into this/~ day of September, 1997
by and between the Orange Water and Sewer Authority, a public body organized and
operating pursuant to the provisions of Chapter 162 A of the North Cazolina General
Statutes, hereinafter referred to as "OWASA"; American Stone Company, a North
Carolina corporation with its principal place of business in Orange County, hereinafter
referred to , as "ASC"; and Citizens Against Quarry Expansion, an association of
citizens including but not limited to Rem Malloy, Anne Parrish and Erwin Danziger, who
live ar awn property in the vicinity of the American Stone Quarry, referred to as
"CAQE".
WITNESSL~TH:
Whereas, in 1991 ASC filed an application with the various local governments
seeking to expand its existing quarry operation; ..
Whereas, OWASA has joined with and supports ASC's Application far
Expansion contingent on receiving the quarry pit at the end of the term of quarrying;
Whereas, CAQE has opposed that applicatign; believing that •ao' public`paYp~~e~ ~s
served:and. such expansion is detriffiental~to the environument;
...s-::::Whereas, CAQE believes~=there':•is no _•scarcity'iof• water and :iha.~ the :'OWASt~
projections for water demand .are overstated . and; the •: supply ~:bf~ water :sources.: are
understated;
56
Wire"real,: `CA ai~.~~,ie.~, ~..•~. .. i
-~E'~believes:tfi"" ~ .'~e'~~', `otr~inen ~" ~'~
.._ ,. ,... :... • ton e~" ~.~~~)rauge: "Cdiiiity~~can:~be
yy. ' e'M'-e'.d.3~-.~." ... K -1 .a
meti=..by the::ather ,six c~tyarries located within ~~i25,~;~le radius;
W/:ereas, following encouragement from the Carrboro Board of Aldermen, the
parties hereto have sought to reach some level of agreement through the mediation
process;
Whereas, the parties ,hereto have participated in the mediation process in good
faith and have made a serious ,effort to understand the positions of the other parties
involved herein and to address such issues as have been brought before the mediation
process;
Whereas, as a result of the mediation process and the concessions made herein by
ASC and OWASA, which are represented by the non-highlighted portions of-this
document, CAQE, though they prefer that the expansion not take place, agrees not to
oppose the expansion, directly or indirectly, as long as ASC and OWASA abide by the
portions of this Memorandum which are not highlighted.
Whereas, OWASA wishes to continue to be mindful of, and work to minimize the
negative effects of its construction projects, operations and resouice management
practices on nearby persons, property and the community at lazge;
And, Whereas, there are some issues on which the parties agree and some issues
on which the parties do not agree, and the substance of those agreements and
disagreements is set forth in this Memorandum, which will be in full force and effect
during the teen of the quarry operation and which will terminate when quarrying ceases,
in no event later than the yeaz 2034.,
57
Now, Tl:erefore, the following represents the concessions, opinions and
agreements of the parties:
I. EXPANSION.
(a) In the event that the Application for expansion is approved, CAQE
believes and ASC and OWASA agree that the Conditions contained herein should
~, be made requirements of the expansion which will be accomplished by
incorporating them into ASC's Special Use Permit issued by Orange County. As
-~ shown on the map attached as Exhibit 1, the expansion of the quarrying operation
onto OWASA property .will be within the area indicated, which comprises
approximately twenty acres and as shown on Exhibit 1 shall include a minimum
500' buffer between the. blasting azea and the nearest. property line of contiguous
property not owned or leased by OWASA or ASC. Berm construction and other
uses aze allowed in this Buffer Area, but not blasting or stone processing. Along
with the additional area on the west side of existing Hickory Grove Bethel Church
Road, the total additional azea available for quarrying operations will be about
twenty six acres. The existing pit is about 23 acres.
(b) The expansion will be only in the area designated on Exhibit 1, west
of the relocated Hickory Grove Bethel Church Road. Under no circumstances
and at no time will ASC Quarry east of the relocated road. The road will be
relocated as shown on Exhibit 1 and will not be shifted east from the location
shown.
(c) ASC will seek a Special Use Permit from Orange County for the right
to mine in the expansion azea (but not the Buffer Area) for a term lasting until the
58
year 2030. All parties herein will seek to limit quarrying operations to that term
and to have the Special Use Permit specifically terminate no later than December
31, 2030 at 12:00 noon, or sooner, if quarrying ceases prior to that date.
{d) ASC will continue to mine the existing pit until, in its sole discretion,
it is economically preferable to enter onto the expansion area. For planning
,, purposes, ASC estimates that it will 'not enter onto OWASA property until 2000,
but will probably enter the unmined land adjoining current Bethel Church
Hickory Grove Road within one year of the date that all permits are granted for
this expansion.
The restrictions set forth herein, where applicable, shall apply to mining in
the existing pit (unless the terms of the Special Use Permit are more restrictive) effective
upon final approval by the County of this application.
~,.
CA(~~~h-as :s°uggesfed;,rtl}~.t ~~~~,~1t~ie`area wheYe~ xhe plant is currently
lvc~~ed~and.mode;tlie~;plant.elsewhere'~~~5~~d~~~•ASA consider this suggestion to.:be
unacceptable andG;,;to`the"'tierixs;~o~~?,a~fy,Agreement:'~.Because.tliis~J:andx,~s
~'~ .b~ ~_.tlie w~urllam'. Tamil ~.
ov~ga y.• - . ~ ., . . y,•: O~NAS` ~ °~1c1=~:~M aye: no riglits~~o ,the futishe~; pit and
• .' A 3' ~
~: b•_.r
receive no viiater;r~~ource~benefits ~wh~atsp~ver~x~~{kie:s~ocation suggested by ,CAQE were
mined.
XI. LAND USE
All parties will request of the three gavemment bodies, Orange County,
the Town of Chapel Hill, and the Town of Carrboro, that:
59
(a) No industrial zaging node will be allowed beyond the ultimate pit azea.
This provision is not intended to restrict the operation of the ASC plant in the
azea where it is currently located until the year 2030, or to limit or prohibit
activities necessary for OWASA's operations permitted to it by law and
Orange County zoning.
(b) After quarrying ceases, and in any event no later'than the yeaz 2030, no
other industrial use will bs made by ASC or by OWASA (except as set
forth below) of any portion of the property used by ASC, including the
current plant, office, stockpile and shop areas or the existing pit, the
original pit (current OWASA reservoir) or the expansion, provided
however that uses associated with OWASA's water storage, treatment, or
distribution (but specifically na sewage storage or treatment) will be
allowed.
(c) C~1~Q~ :~iraritsJsucli are~ir`es'enta~i~o`"`~"iin the ~:I7iuhaai~;~anu1 ~ Hov~rever,
the,~,D, ,~~ill ....~ ; ~ . ~~ g -,~~introduce',aiio ,.onto
'.s hake=gig a a~.n ~ther:indus
- . . ~..
the~rnperty_s-eiefo~,.~ai,~S~A do"iiot~_be"lieve they:siiould:be
.x:. ..-yr -sr+4v-
invo lved~ri_tlusvdocument:
CAQI~has requested. tlia~ta :(;ouniyyre~utian be:passed:that ~prahibits new
~. ~_.
mining~elsewhere . in rthe ~ University: Lake watershed, -and no raining at this
location after the.year 2030~AS(~~and=OWASA are advised by~OWASA
counsel that such a ~esolutioi ~woidtl not.be legal.
. . _ ..._ . - - ... ,~w,..~ ,.
so
III. PRIVATE WELLS.
ASC will hire a well expert to analyze wells that are problematic, if
requested to do so by the homeowner, for all existing homes within the area
shown on Exhibit 2. The well expert will be selected by the homeowner from a
list approved by ASC and. OWASA after consultation with the County Health
Department. If problems are detected, ASC will assist the homeowner with the
cost of repair or improvement based on the following guidelines:
., (a) If that expert determines that the problem more likely than not is the
result of or made worse by the activities of ASC, ASC will pay the
full cost of repair.
(b) If the expert determines that the problem is more likely than not
unrelated to the activities of ASC and the well existed prior to 1978,
the year in which current quarry operations commenced, then ASC
will pay '/4 of the cost of the repairs, OWASA will pay '/4 of the cost
of repairs and the owner will pay'/z the cost of the repairs.
CAQE wants:the'date requueriient (197$)w;errioved.
~.
The purpose of this provision is to work towazd a goal of good water far
homeowners in the defined area, but not to seek a better quality of water for these
residents than is generally available to other well owners in Orange County. The
standard will be the average quality of ground water in similar hydrogeologic
areas of the county. The repair of pumps or tanks is not included. Remediation
61
may include deepening or re-drilling the well, replacing the casing, ar adding an
iron removal system. All parties acknowledge that iron occurs naturally in the
ground water, and ASC and OWASA aze not the cause of iron in the ground
water..
~, IV. LONG RANGE PLANNING FOR PUBLIC WATER SUPPLY.
Within the next three years, OWASA will evaluate the idea of water and/or sewer
. extension to residents living within the azea identified on Exhibit 2. Because the
three local governments, not OWASA, have the authority to approve water and/or
sewer extensions, it is understood that OWASA's evaluation must be conducted
within the context of applicable land use policies and requirements. OWASA will
encourage citizen participation in its integrated master planning process, including
reviews of OWASA policies and practices regarding the demand management,
water conservation (including the impact of rates upon conservation) and water
supply projections.
CAQ~,f,.s'Cj~i~SA to'ask-tfie'~tl~ree0.governments to extend water,and
sewer service~to-urea ar'~und the quarry.
~ C4 ..
OWASA will encourage conservation usage. OWASA will make every
reasonable effort to minimize loss of water in water lines coming from the raw
water source and those lines going to customers.
CAQE-coritinues'to"believe that water and sewer service for the watershed
area would bring equity~ta this situation.
62
V. AIRBL.4ST, GROUND VIBRATION, NOISE, FLY ROCK, AND
BLASTING TECHNOLOGY.
(a) Within the two (2) years following approval, and before entering
OWASA property ASC will conduct apre-blast survey on each home, where
requested to do so by the homeowner, for those Names within the area shown on
Exhibit 2. The survey will be performed by an outside consultant selected and
paid for by ASC with expertise in this field, and a copy will be provided to the
homeowner.
(b) In the event that there is a subsequent allegation of damage and the
pre-blast survey is used as evidence of such damage, ASC will respond in good
faith to accept responsibility where the pre-blast survey and blasting data as
determined by an expert indicate a probability (not a certainty) that the damage
was caused by. the activities of ASC.,
(c) ASC will attempt to contact neighbors within an area shown on
Exhibit 2 who request to be contacted by telephone on the day of a blast so that
neighbors will know that a blast is going to occur.
(d) Within two (2) yeazs of the date of receipt of all permits needed far
the expansion, ASC will complete the installation of baffling equipment where
reasonably feasible for the purpose of reducing plant noise following the
guidelines and in general conformance with the National Stone Association's
(NSA) Community Noise Manual.
63
(e) -ASC' will increase by ten percent the amount of "stemming material"
that is used in the top two benches throughout the entire existing and expansion
pit, starting at the time this agreement is executed. CAQE has requested that this
additional stemming be applicable to all benches. ASC has suggested that the top
two benches axe all that is necessary because blasts below the second bench will
be at least 80 ft. below ground level. For those blasts, ASC maintains that the
noise will be constrained by the pit, and since noise control is the main reason for
increasing the stemming, such additional stemming is unnecessary below the
second bench.
(f) ASC will construct a twenty foot high berm, landscaped with grass and
trees reca~mmend in NSA's Community Noise Manual for reducing noise in the
buffer azea surrounding the edges of the expanded quarry, according to the
phasing and time frame shown on Exhibit 1. Before an azea is mined, the berm
adjacent to that area will be completed.
(g) Prior to blasting on the east side of the current location of Hickory
Grove Bethel Church Road, but in no event later than three years from the date all
permits for the expansion are received, ASC will begin to "enclose" equipment
used in the secondary portion of the plant operations (crushing and screening
towers) following the guidelines and in general conformance with the National
Stone Associations' Community Noise Manual, and will complete the enclosures
• within four yeazs from the date the permits aze received.
64
(h)= ASC will install the primary crusher and related equipment in the pit
within seven years from the time all permits from the expansion are granted.
Where changes to quarry equipment or operations, such as upgraded technologies,
are made, such changes and technologies will be implemented and utilized in a
reasonable manner that will not harm the surrounding community. This provision
is not intended to mean that ASC cannot add equipment and plant components, as
,, .
it deems necessary for its operations.
*(i) ASC will use the most current blasting technologies available, but it
will inform county officials before changing blasting techniques.
(j) ASC will limit blasting chazges to a maximum of 450 pounds per
delay, but further guarantees that at least 80 percent of its blasts will be less than
350 pounds per delay.
~.. ~ (k) ASC will take all reasonable precaution to prevent flyrock from
leaving its property.
(1) As is set forth in the Special Use Permit issued by Orange County now
governing its operations, ASC will restrict its operations that cause noise to' 7:00
a.m. -- 7:00 p.m.
*(m) ASC will adhere to the following maximum limits to be measured by a
seismograph at the neazest property line of the property under the control of ASC
(usually the west side of relocated Bethel Church -Hickory Grove Road) during
the mining process:
65
1. Airblast limit of 125 decibels.
2. Maximum peak particle velocity of O.b inches per second,
provided that ASC will strive for a maximum peak particle
velocity limit of 0.5 inches per second.
3. ASC will limit its continuous noise operations (plant processing,
including jaw crusher) at the boundary of the property controlled
,,
by ASC during the mining process to 60 decibels.
(n) ASC will monitor each shot with two (2) seismographs, one located at the
neazest off site occupied structure, as required .by the State of North Carolina Mining
Permit, and, a second seismograph located of the neazest property line.
* ASC will request that these provisions be made part of its mining permit.
VI. TRUCKING.
When ASC is in the position to select truckers far making deliveries to
customers, ASC will use only reputable truckers .who follow good trucker
practices, including the use of covers where appropriate. ASC will promote goad
trucker practices by encouraging customers to be mindful of lawful weight and
safety of load practices, including the use of covers where appropriate.
. ASC will install a truck spray baz and encourage truckers to wet down ar
cover their loads (reducing the likelihood that fne materials will blow off the
trucks).
66
V1[I. PROPERTY VALUES
(a) For land or homes within the area shown on Exhibit 2, OWASA and
ASC will compensate for loss of fair mazket value, if any, resulting from quarry
operations, according to the guidelines set forth herein. In order far a land or
homeowner to take advantage of this provision, the following requirements must
be met:
1. The home or land must have been owned by the landowner making
the request prior to 1978, the year in which current quarry
operations commenced.
CAQE,,wants the 1978~'~~~te regnireinent:removed.
2. The owner must make a good faith effort to obtain maximum
value. A sale or loan must have occurred within 30 days prior to
owners request for valuation.
3. It the owner believes the value has been impacted, the owner must
notify OWASA, in writing, which will start the evaluation process.
4. This provision will apply only one time to any given piece of
property.
(b) The evaluation process will be as follows:
1. OWASA and ASC will contact an MAI Appraiser (Member of The
American Institute of Real Estate Appraisers) from North Carolina
and not used by either ASC; Martin Marietta Materials, Inc. or
E
OWASA as of the date of the granting of the final approval of the
permit by the County with instructions to analyze the sale or loan
and determine whether or not the presence of the American Stone
Quarry has adversely impacted the loan amount or the sale amount.
The expense for this will be paid by ASC and OWASA, %z each.
'~ OWASA and ASC will seek to have the appraisal completed with
in sixty (60) days.
2. The owner will have the opportunity to review the appraisal. If the
owner is not satisfied, then the owner may have its own MAI
appraisal performed at owner's expense.
3. The parties will attempt to resolve the issue both at the point of the
initial MAI appraisal, and if not successful then, then at the point
ofthe second MAI appraisal.
4. If no resolution can be reached, the two appraisers will select a
third MAI appraiser to perform an analysis, and the three
appraisers will then seek to quantify any decrease in fair mazket
value resulting from quarry operations. The third appraiser will be
paid for %Z by OWASA and ASC and %Z by the homeowner.
S. Once the final resolution is reached and if an adverse impact is
decided, payment will be made by ASC and OWASA each sharing
the amount equally, within thirty (30) days of the final resolution.
6. Upon payment to a property owner, the owner shall convey to
ASC and OWASA an easement stating that the payment made is in
68
fnal settlement for any and all alleged diminution in value to the
real property resulting from quarry operations and such easement
will be binding upon grantees, heirs, and successors of the property
owner.
VIII. MONITORING
ASC will monitor with seismographs airblast, and peak particle velocity at
the locations set forth in Section V(n) above and it will make the blast report
showing the blast results of monitoring available for inspection and copying at
reasonable times by citizens and governmental bodies. Any neighbor contacted as
set forth in Section V(c) may be present at a seimograph location to observe the
readings, when recorded
OWASA will work to see that ASC fulfills the monitoring and public
access to records commitments described in the above item, including solicitation
of help from Orange County officials ifnecessary.
ASC will locate one additional monitoring well between the Parrish
property and the expanded pit in order to check water. table levels. If requested to
do so in writing by an adjacent neighbor, OWASA will analyze the water quality
in this monitoring well.
6~
- IV. ONGOING DATA COLLECTION
OWASA, ASC, and CAQE are willing to work together to see that the
following investigations will be completed and that discussion regarding the
implications of the findings will take place. ASC agrees to make a good faith
judgment as to whether or not, and if so how, its mining plan and operations
should change based on the results of these studies.
..~ .. .: .
.._
C~ ' ~ :E`Pww~i~~;i~ d ~Use'~P1a~~Amendmeat roc ' '' ,..,,..'x.. -.
. ~~• ~~. ~ti, y.. y ~ .~..: :.. _ '...,,.... ~ ~„~ p , e~,~s``~ o~wart:ttni~.l all.of th e
in .~~~.~afi•~~e,~coixipleted: ~ O;V~A~~~~nl'ASC~,v~ns11 to :~iroceed through the
.~ .. F.'. . F'CNa I .. YmY7:i..: ... .rr 4,'
Lai?~~r1se~~au~~inendment~proces5-w,~ili~tlie invest~gatians~are"ongoing.
~.. .. . _ r: _,
a. Radon exposure in the air and water in homes around the quarry. This
analysis is underway, data is being collected by the citizens, and the
North Carolina Division of Radiation Protection will complete this
study.
b. Peak particle velocity and airblasts associated with the existing
quarry. ASC has shared additional data with Dr.Peter Malin of Duke
University and Dr. Christine Fowell of University of North Carolina at
Chapel Hill The report has been ordered by ASC and the results will
be shared with OWASA and CAQE as soon as they are available.
c. Flora and Fauna impacts. OWASA has offered to cooperate with
CAQE in effecting a field survey of OWASA and Parish properties.
These parties will work together to select the appropriate public
personnel to complete this study. '
70
d. Impacts an the local hydrogeology. ASC will prdvide generic data on
Central North Carolina granite formations and hydrogeological
impacts of quarries in these formations for review by CAQE and
OWASA. If requested by CAQE, ASC will make an expert
hydrogeologist available to meet and answer questions about
hydrogeological impacts of the American Stone Quarry.
These studies will be completed prior to issuance of the Special Use
Permit and reports on the investigations will be made available to the
County Commissioners.
X. DOCUMENTATION AND ENFORCEMENT OF AGREEMENTS.
OWASA will work with CAQE to insure that an ongoing procedure is established
by which adherence to all permit restrictions and practices negotiated for protection of
the neighbors and the community at large will be enforced, soliciting the help of Orange
County officials and the DEHNR Land Quality Section where appropriate.
Citizens can periodically monitor compliances by checking seismograph and
blasting reports, by requesting visits to the plant and pit, and by participating in the
annual neighbor meeting.
CAQE .wants~am Amendment :of the.~'oi~;'P,arty Agreement :and:~a new a~plicatio~
to the local governments for land use policy c~iariges in permits so that:factual and
accuiate reasons are given that clearly justif~';those applications.
71
OWASA is willing to serve as a liaison between ASC and CAQE during the
implementation of the understandings and agreements that have been negotiated in this
Memorandum of Agreement.
XI. COMMUNITY ENHANCEMENT.
Beyond the steps presented elsewhere in this document designed to minimize the
~~
disturbance to citizens in the neighborhood of its quarry, ASC further agrees to the
following;
a. ASC will donate to the County or OWASA ten (10) acres on the northeast
side of the property to be used as a community pazk. ASC will donate to the
County or OWASA the sum of $15,000 per yeaz each and every year
throughout the course of the mining process. The purpose of this donation is
to construct and maintain amenities at the pazk. OWASA will work with the
County to ensure that the property is properly operated and maintained. ASC
shall not have any responsibility for the operation or maintenance of this park.
b.-;Over the course of the mining lease and until quarrying ceases ASC will
contribute to community projects up to $5,000 per year in funds or in kind
donations of stone. ASC and CAQE will create a procedure by which people
living within the area shown on Exhibit 2 can submit proposals for these
community project funds. These funds will not accumulate from yeaz to year,
but the parties may agree on a charity whereby the balance of unused funds in
any given year will be donated in the event that the full total of such funds is
72
not used durin that ear. C~ '" r ~' ''" ~'~ ii`fri "~~
. g y ~ ~s~'~~~es~e'~`at t}ais'~;annual ~ co }iution
be no less than $5U,Ob0 pex;.y~ar;~za,~.that tlie:gff`isr"revocable.
c. ASC will provide up to $2,000 in support of an initiative through .which the
history of African American landowners in the azea surrounding the, quarry
would be documented and better known to the community at large. OWASA
will promote this initiative, meeting and working with the neighbors to
determine who will perform this study and, along with CAQE, manage the
study and the dissemination of its results.
d. In recognition of the historic value of Rem Malloy's house, ASC will pay far
an inspection of the foundation by a qualified expert. Tf the inspection
determines that the quarry operations are the cause of any damage to the
foundation, ASC will pay for the reasonable necessary repairs.
e. ASC will work with CAQE to identify a mechanism through which
employment opportunities at the quarry can be made known to residents of the
nearby community. ASC will extend a preference in hiring to qualified
residents of the above defined community by considering these residents
before others not in this community for job openings that occur during the
time ofthe mining lease.
f. OWASA will name the lake that results from the quarry expansion after the
community in which it is located: .
- 73
~~
yr-,M ,vc „J• vti., ti.y~• 71G' risx
g.t•~CAQE•h,~s.•:~tr~~cl,~'ee~sh~n~Lfiu~ersit~_~k~~~iid•Cane ~Creek'~~~a}.ce _ -
.~oa+.z:... t.
Reservoir"ta~persanssliving in_the nearby comiiiiinity: OWASA'~consid~rs
itself unable:to~`graut.this request.
h. ASC will sponsor an annual "neighbor day" for residents living in the area
defined by Exhibit 2. The purpose of this gathering will be to maintain
constructive communications with neighbors and to offer a planned forum in
._.which neighbors may ask questions about ASC's operations.
i. OWASA will provide special fora for citizens who live in the area to speak
with the OWASA Board about their concerns. One forum for this opportunity
would be for OWASA to make these consultations a routine part of an annual
Board of Directors Meeting.
7~4
In Witness Whereol•, the parties have set their hands and seals on the day
and year first written above.
ORANGE WATER AND SEWER AUTHORITY
By:
Attest: .
~L~~
AMERICAN STONE COMPANY
By: ~r~-
Attest-
CITIZENS AGAINST QUARRY EXPANSION:
Rem Malloy
Anne Parrish
Erwin Danzager
[Wd: pax2/memorandum ofagreemenl September 5, 1997 na lines/revised 728/97]
7!
C ~~ie iiest~~d_ :~p`uxliams~si ...., "~``r __ ,~
?~~. ,: _q.,~ 'the. . „~.. ,~. gn~sr.~lgr~eipaent:`A~.C?~and OWASA`see ~~i~~easo
,..-~,, .. n"for.
the=Du'rhairts to~:be`involv%d.