applicant is seeking a special exception, pursuant to Article
5-2300 of the Zoning Ordinance, to allow fill material to be
placed within the floodplain.
Specifically, the applicant is requesting approval to allow
construction of a new acid etching process water treatment system
and closure of the existing facility within a floodplain.
The fill material is to be placed in two existing open
ponds. The property is located on the southeast side of Catlett
Road (State Route 28) on Licking Run, in the Midland Service
special exception is a result of a State Water Control Board
Enforcement Action, Special Order By Consent, issued to
Smith-Midland Corporation on December 17, 2001.
The order requires that Smith-Midland construct a new acid
etching operation process water treatment system to resolve
violations of the State Water Control Law Regulations.
Smith-Midland is to install concrete structures for the
process water system and fill the existing ponds. This area is
entirely within the FEMA designated floodplain.
It is the
opinion of the County Engineer’s Office, after reviewing
preliminary engineering information presented by Morris Ritchie
Assoc., that when FEMA grants the Letter of Map Revision (LOMR)
which Smith Midland is required to submit under SE01-CR-10,
condition #4, this area will no longer be in the FEMA designated
Condition #4, Smith Midland must submit the Conditional Letter of
Map Revision (CLOMR) by August 19, 2002 and the LOMR within 90
days of the channel improvements.
On May 30,
2002, the Planning Commission opened its public hearing on this
special exception. The
public hearing was left open at the Planning Commission’s
request to allow additional information to be submitted.
On June 27, 2002, the Planning Commission voted 4 to 1 to
recommend approval of this application with the following
The tops of
the acid etching process water treatment system structures shall
be above the FEMA 100-year flood elevation, and the tanks shall be
water tight below this elevation. The timing of this condition
shall be no later than six (6) months from the date of the
approval of this special exception or the approval of the FEMA
Letter of Map Revision (LOMR), whichever is earlier.