A Resolution to Approve SPEX06-LE-002, A Category 19 Special Exception AMENDMENT TO CHANGE A PREVIOUSLY APPROVED SPECIAL EXCEPTION CONDITION
WHEREAS, Luck Stone Corporation – Bealeton Plant, owner and applicant, is seeking a Special Exception amendment to a previously approved Special Exception condition under Zoning Ordinance Section 3-19; Mining, Quarrying, Mineral Processing; which would allow the plant to operate for an indefinite period of time, with the applicant submitting documentation of compliance with all requirements to the Board of Supervisors every three (3) years for the parcel known as PIN# 6898-27-5158-000; and
WHEREAS, on September 29, 2005, the Fauquier County Planning Commission held a public hearing on the proposed Special Exception; and
WHEREAS, on December 7, 2005, the Fauquier County Planning Commission recommended approval of the application, subject to conditions; and
WHEREAS, on December 8, 2005, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and
WHEREAS, the Board of Supervisors has determined that the application satisfies the standards of Zoning Ordinance Articles 5-006 and 5-1901 and; now, therefore, be it
RESOLVED by the Fauquier County Board of Supervisors this 8th day of December 2005, That SPEX06-LE-002 be, and is hereby, approved, subject to the following conditions:
1. The Special Exception is granted for and runs with the land (392 +/- acres owned by Luck Stone near Bealeton, VA and the subject of a November 17, 1987 Special Exception approval “the Property”) indicated in this application and is not transferable to other land. Review by the Board of Supervisors shall be required if operation of the stone quarry on the Property is transferred to a new quarry operator (hereinafter, the “transferee”). A transferee may continue to operate under this Special Exception if, prior to the transfer, a transferee is determined by the Board of Supervisors to be an acceptable operator of the stone quarry located on the Property. A determination of a transferee’s acceptability shall be initiated by a written request from the Applicant to the Board of Supervisors. Upon receipt by the Board of Supervisors of a written request by the Applicant and required supporting documentation, the Board shall have 120 days to review the request and issue a determination as to the acceptability of a transferee. Supporting documentation to be considered by the Board shall include: (i) a financial report that demonstrates a transferee’s financial ability to comply with all applicable rules and regulations, (ii) a letter from the state agency responsible for the regulation of stone quarries of up to three (3) states in which a transferee owns or operates a stone quarry facility, if any, indicating whether a transferee is in compliance with all applicable state rules and regulations, and (iii) a list of each locality in which a transferee owns or operates a stone quarry, if any. This 120-day review by the Board of Supervisors is not intended to constitute a new Special Exception application, and approval of a transferee shall not be unreasonably withheld.
2. This Special Exception is granted only for the purpose(s), and/or uses indicated in the original application that was approved November 17, 1987 and as shown on the schematic plan, Exhibit “A” submitted with the application for the November 17, 1987 Special Exception approval (“Special Exception Plat”) approved with the application and all purposes and/or uses shall be in general conformance with the Special Exception Plat, as qualified by these development conditions.
3. This Special Exception shall be granted for twenty-one (21) years from the date of Board of Supervisors approval.
4. Best Management Practices (BMPs) with emphasis on minimizing noise, dust, odor and vibration shall be implemented for use of all crushing equipment and associated equipment.
5. Fugitive dust shall be suppressed by use of water spraying activities. No oil-based products shall be used for suppression of fugitive dust.
6. Access to be directly to U.S. Route 17.
7. Associated uses such as asphalt and concrete plants to be located within the related use area to minimize impact on adjacent uses and appropriately screened as is necessary. The determination of location and screening to be finalized during the site plan process.
8. Normal hours of operation for truck delivery and pick-up limited to 7:00 a.m. to 6:00 p.m. Monday thru Saturday.
9. Truck deliveries and pickups, other than during normal hours of operations, shall be allowed for emergency situations, or for federal, state or local government projects or public utilities requiring off-hour truck deliveries or pickups. The expanded hours shall not adversely impact the surrounding properties.
10. Truck deliveries and pickups, other than during normal hours of operations, for exceptional situations, not categorized in the above item #8, shall be granted pursuant to approval by the Zoning Administrator.
11. Blasting schedule shall be Monday through Friday from 8:00 a.m. to 5:00 p.m.; except in the case when a blasting charge has been set before 5:00 p.m. and there is an unexpected delay (e.g. thunderstorms in the summer) that may create an unsafe condition. In such a case, the Applicant may then complete the blast after 5:00 p.m., but no later than 30 minutes after sunset.
12. All blasting shall be seismograph monitored. Program to be approved by state or local government in conjunction with site plan approval.
13. No bulk blasting materials shall be stored on the subject property. For the purpose of this condition bulk blasting materials shall mean those large quantities of blasting materials/agents that are currently delivered to the Property on the day of the blast.
14. Operation of rock moving equipment from the quarry to primary crusher limited to between 7:00 a.m. and 6:00 p.m., Monday thru Saturday.
15. Truck loads not to exceed legal capacity limits; except during a declared local, state or federal emergency situation.
16. Upon request by Fauquier County, Luck Stone shall, at its expense, erect a street light to illuminate the entrance to the quarry on Route 17.
17. Adverse impact resulting from a violation of any condition of the Special Exception, as determined by the Board of Supervisors based on competent analysis shall be the responsibility of Luck Stone to correct to the satisfaction of the County.
18. The applicant shall develop and implement a long-term groundwater monitoring plan:
Concerns have been raised to Fauquier County regarding the potential long-term impacts that quarry operations may have on local groundwater resources. The depth of the quarry pit is currently 80-90 feet below grade. The maximum excavation depth is anticipated to be approximately 350 feet. It is important to the local constituency and to the County that the excavation process throughout the life of this quarry does not adversely influence either the quality or the quantity of groundwater produced from existing residential and/or local community water supply wells.
The Groundwater Monitoring Plan shall be prepared and include an assessment of the adequacy of existing monitoring wells (location, depth of construction, etc.), as well as a hydrogeologic assessment of the quarry and the neighboring area. This associated investigation shall include the following work efforts, unless the Director of Community Development approves a change of scope:
a) Assess on site hydrogeologic setting (through the use of geologic mapping, photolineament analysis, and/or geophysical surveys).
b) Evaluate the local bedrock fracture fabric (identification of faults and other discontinuities in the rock that could be highly transmissive to groundwater flow).
c) Conduct an inventory of local domestic wells, based on data from Health Department records, within 2,000 feet of the quarry operation and review construction details of the Marsh Run Mobil Home Park wells.
d) Determine existing quality of groundwater from available existing monitoring wells.
e) Assess the potential or existing impacts that pumping the Marsh Run Mobil Home Park community well has on the existing quarry monitoring wells.
f) Evaluate the amount of water being pumped monthly from the quarry as a result of groundwater flow.
Hydrogeologic data collected as a result of these investigations shall serve to determine the most beneficial groundwater monitoring locations around the perimeter of the quarry and to develop an associated Groundwater Monitoring Plan. It is anticipated that three to six new monitoring wells will be identified as a result of this investigation. (Currently, there are no monitoring wells located west, south, or east of the existing quarry.)
The Groundwater Monitoring Plan shall be presented to Fauquier County within six months of Board of Supervisors approval of this Special Exception. This Groundwater Monitoring Plan shall be reviewed and approved through the Department of Community Development and the County’s water resources consultant. The approved plan shall then be implemented within one year of Board of Supervisors approval of this Special Exception. Compensation for the County’s consultant’s review of the plan shall be borne by the applicant.
19. Impacts to wells or groundwater in the vicinity of the quarry, as determined by the Board, and based on competent analysis to be caused by quarrying or associated usage shall be the responsibility of Luck Stone to correct to the satisfaction of the County.
20. As per 5-1903 (2b) of the Fauquier County Ordinance, this Special Exception is granted for an indefinite period. The owner shall submit, to the Board of Supervisors, once every three (3) years thereafter, a report documenting that the use of the property as approved by the Special Exception is in full compliance with all requirements of law and respect to the maintenance and conduct of the use, with all of the requirements and the standards of the Zoning Ordinance and with all conditions of the Special Exception that were designated in issuing the same.
21. All local, state and federal regulations shall be met and the applicant shall submit this documentation every three (3) years to the Zoning Administrator to demonstrate compliance. This shall include, but not be limited to, permit information, aerial maps from Virginia Department of Mines, Minerals and Energy (DMME) annual submittals and any other pertinent data.
22. Buffer to be left in a natural state except where berming has been approved in the site plan process. Mobile home park buffering is first priority; berm to be competed, stabilized and planted within two years.
23. The buffer between the related use area and the Mobile Home Park shall be a minimum of 350 feet and the berm contained therein shall be at least 25 feet in height. Berming shall not cause increased flooding on adjacent properties.
24. Security fencing shall be required on the perimeter of the site (pit) designated for quarrying activities.
25. Any loose stone at the entrance on Route 17, in the crossover at Route 17 or in the acceleration/deceleration lanes shall be removed by Luck Stone on a daily basis.
26. Luck Stone Corporation shall reimburse Fauquier County Water and Sanitation Authority (WSA) for any construction/relocation costs, if any, attributed to the quarry operation, upon determination by the Board and upon evidence by competent authority.
27. If traffic generated at the Property conflicts with school bus operation at Liberty High School and the junior high school, out loading can be discontinued for a period of 30 minutes prior to school and 30 minutes after school is dismissed. Determination to be made by County Board of Supervisors upon request of School Board or the Virginia Department of Transportation (VDOT).
28. All external lighting sources shall be shielded so that lighting is directed downward and source is not directly visible from neighboring properties and the applicant shall meet the standards set forth in the Fauquier County Zoning Ordinance Section 9-1000: Outdoor Light Control and Section 9-900: Glare Standards.
29. Associated uses in this permit shall include asphalt and ready-mix concrete facilities or a similar type of industry; new approvals shall be subject to determination of the Zoning Administrator and Site Plan approval.
30. At the time the quarry is no longer in use, applicant shall grant a non-exclusive easement to the County to permit the construction and maintenance of a water withdrawal or intake structure(s) and water pipes to permit the quarry to be used by the County as a water reservoir. The appearance and location of such structures and water pipes shall be mutually agreed upon between the County and applicant so as to avoid any adverse impact to the future development and activities on the Property. In the event that the quarry is to be conveyed from the applicant after its use has been terminated and it has been reclaimed in accordance with applicable state and federal law and these conditions, the applicant shall afford the County a first right of refusal to purchase the quarry at the price agreed upon between the applicant and the prospective purchaser. The County shall have 120 days to determine whether to exercise the right of first refusal. The applicant shall enter into a written agreement with the County memorializing this first right of refusal, which shall be in recordable form.
31. Final reclamation of the site shall not adversely affect surface waters or cause permanent reduction in the quality or quantity of groundwater reasonably available to future users.
32. A detailed analysis of the impact of the encroachment of fill material, placed by Luck Stone, into the floodplain shall be performed by Luck Stone in conformance with County standards. This study shall be submitted to the County for review and approval and then to FEMA for consideration. The as-built floodplain analysis must be compared with the pre-developed flooding condition. In general, the floodplain analysis should begin at approximately the confluence of Craig Run with Marsh Run and be computed upstream to the point at which the post-developed flooding condition ties to the pre-developed flooding condition. The study shall be initiated immediately and submitted to the County for review within one (1) year of the Board of Supervisors action date. Upon approval by the County, Luck Stone shall submit to FEMA within 60 days.