Board of Supervisors Meeting Date:

Rodney Smith, Smith – Midland Corporation

July 15, 2002

Staff Lead:


Jennifer Kilanski

Community Development





Topic Description:

The 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 District. 

This 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 foodplain.  Under 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.  


Planning Commission Review and Recommendations


 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 condition: 

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.

Financial Impacts Analysis:


No financial impact analysis was required with this request.

Identify any other Departments, Organizations or Individuals that would be affected by this request:



  1. Resolution of Approval
  2. Planning Commission Staff Reports
  3. Staff Memo