HomeMy WebLinkAbout83A109_ONMinerals(Chemstone)AMENDMENT
Action:
PLANNING COMMISSION: June 7, 2006 - Recommended Denial
BOARD OF SUPERVISORS: May 28, 2008 19 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 903 -06 OF O -N MINERALS (CHEMSTONE)
WHEREAS, Rezoning 903 -06 of O -N Minerals (Chemstone), submitted by Patton Harris Rust &
Associates, to rezone 394.2 acres from RA (Rural Areas) District to EM (Extractive Manufacturing)
District with proffers dated June 13, 2005 and final revision May 27, 2008, was considered. The Middle
Marsh property is located east of Belle View Lane (Route 758), Nest of Flites Road (Route 625) and on
both sides of Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek and
Shenandoah County; and is west and adjacent to Meadow Mills Road (Route 624). The properties are in
the Back Creek Magisterial District, and are identified by Property Identification Numbers 83 -A -109 and
90 -A -23.
WHEREAS, the Planning Commission held a public hearing on this rezoning on April 5, 2006 with
final action taken on June 7, 2006; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 23, 2008 with
final action taken on May 28, 2008; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
change 394.2 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with
proffers, for a quarry, as described by the application and plat submitted, subject to the attached
conditions voluntarily proffered in writing by the applicant and the property owners.
PDRes. 410-08
This ordinance shall be in effect on the date of adoption.
Passed this 28th day of May, 2008 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Gary Dove Aye Bill M. Ewing Nay
Gene E. Fisher Aye Charles S. DeHaven. Jr. Nay
Philip A. Lemieux
PDRes. 410-08
Nay
A COPY ATTEST
John RfRileY.lr."' "
PredeX!;ek County Administrator
PROPOSED PROFFER STATEMENT
REZONING: RZ# 03 -06
Rural Areas (RA) to Extractive Manufacturing (EM)
PROPERTY: 394.2 Acres + / -;
Portions of Tax Map Parcels 83 -A -109 ( "parcel 109 ") and 90 -A -23
( "parcel 23 ") (the "Properties ")
ffi1161@ `Ti 9M &1J1. 1
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE(S)
O -N Minerals (Chemstone) Company
0 -N Minerals (Chemstone) Company ( "Applicant ")
Chemstone - Middletown
June 13, 2005
January 16, 2006
March 18, 2008
May 20, 2008
February 8, 2006
April 18, 2008
May 22, 2008
August 28, 2006
May 14, 2008
May 27, 2008
The undersigned Applicant hereby proffers that the use and development of the portions
of the above - referenced parcels, which are requested to be rezoned, the portions requested to be
rezoned being shown on the attached and incorporated plat identified as "Exhibit I," shall be in
strict conformance with the following conditions, which shall supersede all other proffers on the
Properties that may have been made prior hereto. In the event that the above - referenced EM
conditional rezoning is not granted as applied for by the Applicant, these proffers shall be
deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final
rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the
day following the last day upon which the Frederick County Board of Supervisors' (the "Board")
decision granting the rezoning may be contested in the appropriate court. If the Board's decision
is contested, and the Applicant elects not to submit development plans until such contest is
resolved, the term rezoning shall include the day following entry of a final court order affirming
the decision of the Board which has not been appealed, or, if appealed, the day following which
the decision has been affirmed on appeal.
The headings of the proffers set forth below have been prepared for convenience or
reference oniv and shall not control or affect the meaning or be taken as an interpretation of any
provision of the proffers. The improvements proffered herein shall be provided at the time of
development of that portion of the Properties adjacent to or including the improvement or other
proffered requirement, unless otherwise specified herein. Any proffered conditions that would
prevent the Applicant from conforming with State and/or Federal regulations shall be considered
null and void. The term "Applicant" as referenced herein shall include within its meaning all
future owners and successors in interest. When used in these proffers, the "Generalized
Development Plan," shall refer to the plan entitled "Generalized Development Plan, O -N
Minerals (Chemstone)" dated May, 2008 (the "GDP "). The Applicant attaches and incorporates
the GDP, which includes a plan titled "Generalized Development Plan",- a plan titled "Overall
Plan'; four plans titled "Phase I Plan", "Phase 1I Plan ", "Phase III Plan", and "Phase IV Plan';
and twelve viewshed plats titled "Viewshed IA, Viewshed 113, Viewshed 2, Viewshed 3,
Viewshed 4A, Viewshed 4B, Viewshed 5A, Viewshed 5B, Viewshed 6, Viewshed 7, Viewshed
8 and Viewshed 9 ". The aforementioned documents are and shall be incorporated by reference
herein as "Exhibit 2." The Applicant proffers that its development of the Properties will be in
substantial conformity with the GDP.
Land Use
1.1 The Properties shall be developed with extractive manufacturing land uses
pursuant to the mining permit approved by the Division of Mineral Mining
( "DMM ") of the Virginia Department of Mines, Minerals and Energy
( "VDMME "), and shall therefore conform to the Mineral Mining Law and
Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia.
1.2 The Applicant hereby proffers not to engage in the following uses on the
Properties:
Oil and natural gas extraction;
Asphalt and concrete mixing plants;
Brick, block and precast concrete products;
Cement and lime kilns; and
Coal and natural gas -fired power plants or facilities which sell power to
the local utility or power grid*
*This is not to be interpreted as a restriction against using power plants on the
Properties as necessary to support extractive mining activities.
2. Site Development
2.1 Properties' access via public secondary roads shall be limited to the existing
quarry entrance on McCune Road (Route 757). Access by vehicles needed for
periodic maintenance of the Properties shall not be limited.
2.2 Earthen berms shall be installed around the active quarry pits in the location
shown on the GDP. The berms shall have a maximum height of 30 feet and a
minimum height of 10 feet. The berms (Berm A and Berm B) depicted on the
Phase I Plan of the GDP shall be installed within 10 years of the approval of the
rezoning. The berms (Berm C and Berm D) depicted on the Phase Il Plan of the
GDP shall be installed no later than 10 years prior to the commencement of
mining north of Chapel Road. The berms shall be landscaped to minimize impacts
to the viewshed of the surrounding community. Such landscaping shall consist of
a mix of deciduous and coniferous plantings placed in a random manner to be
consistent with existing vegetation patterns. The description of the plants to be
installed on the berms are more specifically described in the attached and
incorporated "Exhibit 3." The landscaping shall be subject to reasonable approval
by the Zoning Administrator of Frederick County and upon consultation with the
State Forester. With respect to Berm A, located on Tax Parcel 90 -A -2, not owned
by the Applicant, the berm will be constructed by the Applicant as the tenant
under a 100 -year lease of Parcel 90 -A -2, with authority under the lease to
construct Berm A.
23 The existing overburden stock pile on the southeast corner of the current
Middletown plant site shall be reduced in height to the greater of 30 feet or the
height of the adjacent tree line (lying to the east) within 5 years of the approval of
the rezoning.
3. Historic Resources
3.1 The Applicant shall create an 8 acre historic reserve as shown on the GDP and on
Exhibit 1, within which archaeological resources and other historic activities have
been identified. Further, the Applicant shall place restrictions on the reserve land
for how the reserve will be used by the Properties' owner and future owners. A
copy of said restrictions are attached and incorporated as "Exhibit 4." Said
reserve land shall be dedicated to the Cedar Creek Battlefield Foundation, Inc.
within 60 days of final rezoning. [NOTE: the aforementioned 8 acre historic
reserve property is not to be included in the property to be rezoned.)
3.2 The Applicant shall complete a Phase I Archaeological Survey of parcels 23 and
109. The Phase I Archaeological Survey of parcel 23 shall be completed within
12 months of the approval of the rezoning. For the remaining tracts of land, the
Applicant shall complete a Phase I Archaeological Survey of a particular tract of
land before any mining activities commence on that property. The Applicant may
commence mining activities on a particular portion of the Properties before the
completion of the Phase I survey for all of the Properties, but under any and all
circumstances, no mining operations shall commence on any portion of the
Properties until after the Phase I Archeological Survey has been completed on
said portion of the Properties. Said survey shall locate, identify, and
comprehensively record all historic sites, buildings, structures, and objects on the
parcels. Such survey shall be conducted in accordance with the guidelines for a
Phase 1 Survey as defined in the Virginia Department of Historic Resources
"GUIDELINES FOR CONDUCTING CULTURAL RESOURCE SURVEY IN
VIRGINIA - Chapter 7: Guidelines for Archaeological Investigations in
Virginia," 1999 (Rev. Jan. 2003).
3.3 Two cemeteries have been identified on the Properties. The first cemetery is
located adjacent to Chapel Road and is in an area that is not designated for mining
and is also outside of the berming area. That cemetery is currently undergoing a
historical restoration. After the historical restoration, the Applicant will follow
the recommendations of the Applicant's historian.
The second cemetery is located in the area where berming is siated to be installed.
The Applicant proffers the berming will be located in such a way as to not
encroach on the cemetery. This cemetery is also currently undergoing a historical
restoration. After the historical restoration; the Applicant will follow the
recommendations of the Applicant's historian. In addition, the cemetery is
accessed through a right -of -way which is of record providing access to the
cemetery from Route 625. The Applicant proffers to improve said right -of -way
so that it can be used for access by the descendants of those in the cemetery
within 12 months of completion of the cemetery restoration. Once said right -of-
way has been improved, the Applicant will provide continued maintenance and
have use of same.
4. Rights to Water Supply
4.1 The Applicant shall guarantee the Frederick County Sanitation Authority
( "FCSA ") rights to the water resources available on the Properties in accordance
with the existing agreements between the Applicant and FCSA.
5. Ground Water
5.1 The Applicant shall install a minimum of three monitoring wells to effectively
establish and monitor the groundwater level in order to avoid detrimental impacts
to surrounding properties. Said wells shall be installed prior to any land
disturbance of the portion of the Properties identified as parcel 109 by the GDP,
and shall be located within 500 feet of the Properties' boundaries. A minimum of
one monitoring well shall be installed within 500 feet of the parcel 109
Properties' boundary. The exact location of the monitoring wells is depicted on
the Overall Plan of the GDP.
5.2 Subject to and consistent with the provisions of paragraph 9.2, the Applicant shall
remediate any adverse impacts to wells located on surrounding properties caused
by mining operations on the Properties. Costs associated with any required
remediation shall be borne by the Applicant.
Furthermore, the Applicant agrees to participate in a pre -blast survey and well
monitoring survey, as further described herein. The intent of the aforementioned
surveys is to provide a mechanism to remediate any adverse impacts to wells
and /or structures which are caused by the mining operations on the Properties.
6. Dust Control
6.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors,
feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet
suppression or equivalent, and controlled by and consistent with the terms of the
Department of Environmental Quality ( "VDEQ ") general air permit. The
Applicant shall remediate any adverse impacts to surrounding properties caused
by dust associated with the mining operations on the Properties.
7. Blasting Control
7.1 All blasting associated with mining operations on the Properties shall be limited
by the mining permit approved by the DMM of the VDMME. Peak Particle
Velocities (PP.V) associated with blasting on the Properties shall not exceed the
levels stipulated by said permit. In addition, the Applicant agrees to have an
approved blasting plan in place at all times. An example of the current blasting
plan is attached. Further, in addition, the Applicant agrees that there will be no
block holing or adobe blasting conducted on the Properties. Any damage to
surrounding properties caused by blasting on the Properties shall be remediated at
the Applicant's expense.
8. Traffic
8.1 The Applicant's current number of truck loads leaving the site on a daily basis is
approximately 63, and the Applicant has had higher numbers of recorded trick
loads leaving the plant to a total of 114 truck loads per day. The Applicant, in its
proffer, is agreeing to restrict truck traffic to the Properties to 86 truck loads per
day averaged over the prior 30 days, but intends to also have an ability to increase
the number of truck loads in the event of an emergency or circumstances, which
could be caused by issues driven by the Applicant's customers, suppliers, and /or
carriers. Examples of such shall include, but are not limited to, an interruption of
rail service to the site and /or any sites that are serviced by rail from the
Applicant's Properties and /or any other interruption of the ability to deliver
materials at the Applicant's site or any other sites which are owned, controlled, or
by business relationship connected with the Applicant's site. To that end, and in
any circumstance, the Applicant agrees to restrict truck traffic to the Properties to
a maximum of 200 truck loads per day averaged over the prior 30 days through
the scale house hauling mined materials on and/or off the proposed quarry site
from the existing quarry entrance. The maximum number of truck loads will be
regulated by the Applicant and its successors and /or assigns. A record of the
actual number of truck loads per day shall be kept current (and maintained for one
year) by the Applicant at its scale house office. Said record shall be made
available in a form which confirms the number of trips and the form will be
produced to Frederick County officials upon demand with reasonable notice. The
Applicant proffers there will be no truck loads from the Properties on Sundays
and the hours of truck loading on Saturdays will be no later than 7:00 p.m. The
Applicant further proffers it will instruct all truckers as to the proper route of
travel from the Properties to Route 11, which shall exclude both Belle Grove and
Chapel Roads.
9. Pre -Blast Surveys
9.1 The Applicant will offer voluntary pre -blast surveys of properties that are within
1,500 feet of the boundaries of parcel 23 and parcel 109. The aforementioned
surveys will be conducted by an independent engineering firm, which will
investigate and document the pre -blast conditions of the participants' residences
and/or outbuildings. The Applicant and its successors and assigns will contact all
citizens who have property within 1,500 feet of the boundaries of parcel 23 and
parcel 109, and monitor the tax roles for Frederick County on an annual basis in
order to contact any citizens who have recently purchased the aforementioned
property. This contact will be made by the Applicant and its successor and
assigns to invite citizens who have property within 1,500 feet of the boundaries of
parcel 23 and parcel 109 to participate in the pre -blast surveys. Contact will be
made by registered return- receipt letters, mailed annually from the time of the
rezoning. All citizens who have property within 1,500 feet of the boundaries of
parcel 23 and parcel 109 can, and are encouraged to, participate in the survey by
contacting the Applicant and scheduling a mutually agreeable time for the
independent engineering firm to visit the party's residence to document and
survey the pre -blast condition of the party's residences /outbuildings following the
procedures set forth in the attached and incorporated "Exhibit 5." If the property
owner agrees to participate, the Applicant's and /or its engineering firm shall visit
and inspect the party's residences /outbuildings to monitor the condition of the
same. A record of those pre -blast conditions will be kept by the independent
engineering firm with copies retained by the Applicant and the participating
property owner. In the event of a change in condition, which is alleged by the
participating property owner as a result of mining operations, the engineering firm
will then conduct a follow -up visit and investigation and use the pre -blast
information as a control and basis for subsequent analysis. Said analysis shall be
used to determine the cause of any negative change in condition. If it is
determined there is a change in condition in the residences /outbuildings, which
has been caused by the Applicant's mining activities on the Properties, then the
Applicant agrees to remediate and /or repair said negative change in condition to
restore it to its status prior to blasting operations. In addition, the Applicant agrees
to establish seismic monitoring of the proposed quarry site to monitor all blasting
activities and keep records of said seismic monitoring as required by the
VDMME.
9.2 The Applicant will offer voluntary well monitoring surveys of properties that are
within 1,500 feet of the boundaries of parcel 23 and parcel 109. The
aforementioned surveys will be conducted by an independent well drilling firm or
hydrogeologist, which will investigate and document the pre- mining conditions of
the participants' wells. The Applicant and its successors and assigns will contact
all citizens who have property within 1,500 feet of the boundaries of parcel 23
and parcel 109, and monitor the tax roles for Frederick County on an annual basis
in order to contact any citizens who have recently purchased the aforementioned
property. This contact will be made by Applicant and its successor and assigns to
invite citizens who have property within 1,500 feet of the boundaries of parcel 23
and parcel 109 to participate in the well monitoring surveys. Contact will be made
by sending annually registered return- receipt letters. All citizens who have
property located within 1,500 feet of the boundaries of parcel 23 and parcel 109
can and are encouraged to participate in the survey by scheduling a mutually
agreeable time for the independent well drilling firm to visit the party's residence
to document and survey the pre -blast condition of the party's well following the
procedures set forth in the attached and incorporated "Exhibit 6A and 6B." A
record of these pre - mining conditions will be kept by the independent well
drilling firm, with copies retained by the Applicant and the participating property
owner. In the event a change of condition is alleged by the property owner as a
result of mining operations, the Applicant will provide an interim replacement
water supply as necessary to supply the property owner with water. The well
drilling firm will then conduct a follow -up visit and investigation and use pre -
blast information as a control and basis for subsequent analysis. If it is
determined that the status of the neighboring property owner's well has
deteriorated from the condition it was in at the time of the pre -blast survey, then
the Applicant agrees to restore the well to its condition existing at the time of the
pre -blast survey and/or provide the adjoining property owner a replacement well
of the same condition (or better) of that which existed at that time of the pre -blast
survey.
9.3 In addition to the above, the Applicant agrees to maintain in force an insurance
policy or other sufficient security for the period of time covering the active
mining operations on the Properties and to maintain in effect for a period of one
year from the date of cessation of said mining operations, and to cover the costs of
any remediation and/or repair, which is required pursuant to the terms of sections
9.1 and 9.2 above. Said policy or surety shall be in the amount of no less than
One Million and 00 /100 Dollars ($1,000,000.00) per occurrence. Frederick
County may review from time to time the amount of the policy or surety to
evaluate whether the minimum amount of $1,000,000.00 is sufficient to protect
the cost of any remediation and /or repair, which is required pursuant to the terms
of sections 9.1 and 9.2. In the event Frederick County believes that the amount of
the policy or surety needs to be increased for the reasons set forth above, then the
Applicant and Frederick County shall reach an agreement as to the proper amount
of policy or surety. The approval of said increase shall not be unreasonably
withheld, conditioned or denied by either party. The Applicant shall annually
provide to the County a Certificate of Insurance from the insurance carrier.
10. Reclamation
10.1 It is intended that pursuant to the terms of the agreement reached with the FCSA
that at the time of cessation of mining activities, the Properties' quarry pits shall
be used by the FCSA as water reservoirs. The control of the water levels in the
quarry pits shall be handed over to the FCSA. It is intended that the quarry pits at
that time will contain quantities of water monitored and directed by the FCSA,
and which will be conducive to the general betterment of natural habitat.
11. Noise Abatement
11.1 Operations on the Properties will not exceed the VDMME Engineering's decibel
guidelines. The Applicant will make all reasonable efforts to locate mining
machinery in the quarry pit or behind berms.
12. Li ^_htin
12.1 There shall be no affixed lighting structures above - ground on the berms other than
as may be required for or provided by regulations that affect the plant operations,
including but not limited to, Mine Safety Health Administration ( "MSHA "),
VDMME, and any other governmental or regulatory body that oversees mining
operations. Lighting used for devices or machines that convey materials or for
pit crushing facilities and other mining activities is permitted. Conveying and pit
crushing facilities shall also be interpreted as including such other devices or
activities that perform similar or related functions that may come into use and /or
existence at some time in the future while the extractive mining use is still in
effect on the Properties. In addition to the above, all lighting will be installed in
such a manner that there will be no spillover beyond any property line of the
Applicant onto adjacent properties not owned by the Applicant.
13. Air Permit
13.1 The Applicant shall maintain its existing general air permit controlling emissions
in accordance with the VDEQ standards and also see that the existing general air
permit covers all activities conducted on the rezoned Properties.
14. Environment
14.1 In addition to compliance with the VPDES water discharge permit already in
place, the Applicant agrees to work with a recognized environmental entity of the
Applicant's choosing during its operations to ensure that the water emissions from
water flowing from the quarry operations on the Properties is of a quality
consistent with the water quality in Cedar Creek so as to maintain an environment
conducive to natural habitats. No additional water discharge points will be added.
14.2 The Applicant agrees that all areas currently in trees on property owned by the
Applicant, which is outside of the rezoned Properties and identified on the GDP
as "Middletown Woods ", shall be maintained using best management practices.
14.3 The Applicant proffers to keep its mining operations at least 200 feet from the
edge of Cedar Creek.
15. Phasin¢
15.1 The Applicant agrees that mining activities on the Properties shall occur with the
following phasing and as set forth on the Phasing Plans of the GDP:
After the rezoning is approved, the Applicant will start creating berms on the
newly rezoned Properties and the Applicant shall start quarrying in the area
identified as parcel 23. Mining in parcel 23 shall occur from the time period
commencing with the approval of the rezoning for a period of time which is
estimated to be twenty years.
For the newly zoned area, which is north of the existing EM zoned property, and
south of Chapel Road, mining activities will commence no earlier than ten years
from the date that the rezoning referenced herein is approved.
For the newly zoned area, which lies north of Chapel Road, mining will
commence no earlier than twenty years from the date that the rezoning referenced
herein is approved.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Respectfully submitted,
C
Its:
O -N MINERALS (CHEMSTONE) COMPANY
C 00F_.� C�✓J 0, 2 '71'j S 0�
COMMONWEALTH OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this � day of M ,
2008, by St�Piic2�' �, S?i�Sovt J
•�•••�FER,M. K.k�p�,., R PUBLIC
My commission expires.. ;� o NOTARY '•,�9G%
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Registration number: REG # 7155256 t
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NOTES:
1. FREDERICK COUNTY PIN:
83 —A -109
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2. PROPERTY OUTLINE AND
MERIDIAN SHOWN HEREON ARE
BASED ON THE PLAT ATTACHED
TO DEED OF BARGAIN AND SALE
RECORDED IN DB 620, PG 186
AMONG THE LAND RECORDS OF
FREDERICK COUNTY, VIRGINIA.
INFORMATION SHOWN HEREON IS
NOT BASED ON A CURRENT
FIELD RUN SURVEY. ADJOINING
PROPERTY OWNERS ARE BASED
ON INFORMATION OBTAINED FROM
FREDERICK COUNTY GIS WEBSITE,
MAY. 2008.
3. NO TITLE REPORT.
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GRAPHIC SCALE
0 500 ,000 sea.
IN FEET
I inch = 1000 It,
'ZONING BOUNDARY EXHIBIT A'
A PORTION OF THE
PROPERTY CONVEYED TO
CNEMSTONE CORPORATION
DEED BOOK 620, PAGE 186
BACK CREEK MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1' = 1000' DATE: FEB. 15, 2006
REVISED: MAY 20. 2000
Patton Harris RUSt 8 Assent atesrPc
_ngineers. Surveyors. Planners. Londscope Architects.
117 �� Win Easi Piccadilly Street, Suite 200
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Winchester, Virginia 22601
T 540.667.2139
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LINE TABLE
LINE
BEARING
LENGTH
L1
S37'00'1 D "E
1046.22'
L2
S4656'50 "W
262.12'
L3
S4 3'0507 "E
889.86'
L4
S29'32'22 "E
615.38"
L5
535'51'02 "W
863.68'
L6
S89'56'36 "W
475.26'
L7
N77'5922 "W
645.46'
L8
N40'11'14 "W
1720.29'
L9
N52'18'45 "E
1336.75'
NOTES:
1. FREDERICK COUNTY PIN: 90 —A -23.
2. PROPERTY OUTLINE AND MERIDIAN SHOWN
HEREON ARE BASED ON THE PLAT ATTACHED TO
DEED RECORDED IN DB 582, PG 122 AMONG THE
LAND RECORDS OF FREDERICK COUNTY, VIRGINIA.
INFORMATION SHOWN HEREON IS NOT BASED ON
A CURRENT FIELD RUN SURVEY. ADJOINING
PROPERTY OWNERS ARE BASED ON INFORMATION
OBTAINED FROM FREDERICK COUNTY GIS WEBSITE,
MAY, 2008,
3. NO TITLE REPORT.
GRAPHIC SCALE
0 500 1000 2000
( B1 FEET )
I inch = 1000 ft.
�j ` y \
L6 \
REMAINDER OF
PIN 90 -A -23
_B &0 — F2P \CROP
- PROPOSED EM ZONING BOUNDARY
RUNS ALONG EXISTING PROPERTY
LINES AT L1, L2, L3 & L4 ONLY.
"ZONING BOUNDARY EXHIBIT B"
A PORTION OF THE
PROPERTY CONVEYED TO
CHEMSTONE CORPORATION
DEED BOOK 582, PAGE 122
BACK CREEK MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 1000' DATE: MAY 20, 2008
Patton Harris Rust & Associalesrpc
Engineers. Surveyors. Planners. Landscape Architects.
PH
Winchester, East er, Virginia Street, 60 Suite 200 u,
Winchester, Virginia 22601 u,
T 540.6672139 d
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BERM PLANTING (as recommended by the Virginia State Forester)
EXISTING BERMS: Where existing berms do not have adequate ground cover to
prevent them from eroding, they should be planted with various native grasses, shrubs,
and trees. A successful mixture of buckwheat, rye and other grasses has been developed
by quarry employees that has proven to be effective in vegetating these slopes. In spots
where prior vegetating efforts have failed, it is recommended that erosion control
methods such as landscape fabric and jute mats be installed prior to revegetating these
spots. It may also be necessary to reshape the berm in these spots to retard water
movement down the slope and to hold water for vegetation survival and growth by
constructing planting terraces with existing rock and soil.
RECOMMENDED TREE AND SHRUB SPECIES: Native species should be chosen
to provide optimum survival, the least maintenance, and to further blend into the existing
landscape. A list of suggested trees and shrubs for landscape plantings in the
Shenandoah Valley is included. Actual species chosen need to be selected for the
specific location they are to be planted, and their availability. Not all of these are
available for purchase through nurseries.
In general, these species should be intermixed to provide more of a camouflage effect
along the face and ridgeline of the berms. Coniferous species should be planted where
year -round screening is desired. Coniferous species, with their ability to survive better
on hot dry slopes, should also be chosen for screening on south and west facing slopes.
PLANTING RECOMMENDATIONS: Where possible, the topsoil removed in the
initial stages of new quarry construction should be spread to the depth of 6 — 12 inches
over all level surfaces that will be planted. For instance, the tops of the berms. The
recommended planting terraces along the face of the berms should also be filled with
topsoil prior to planting with trees and shrubs. Bare rooted plants are recommended
because of their low cost, ease of planting, and good survivability. They should be
planted in March or April of each year.
INVASIVE SPECIES: Numerous invasive species now threaten native plants in eastern
forests. If allowed to grow and spread unimpeded, they will crowd out native trees and
have a negative impact on wildlife populations that depend on the native trees and shrubs
for their food.
Ailanthus (tree of heaven, paradise tree), paulownia, autumn olive and multiflora rose are
the most common non- native invasive shrubs and trees in this locality.
EXH
9
Ailanthus
Has a distinct rancid odor
in the leaves, twigs, and bark.
Autumn Olive
Aluminum sheen to the
Underside of the leaves.
Large crop of red berries each fall.
Paulownia
Large leaves 8 "— 14" in diameter.
Multiflora Rose
Multiple stems from each plant.
Numerous, short curved thorns.
RECOMMENDATIONS: Once every 2 — 3 years, inspect all berms and associated
land for invasive species.
Where found, individual plants of these species should be either dug or pulled out of the
ground, or deadened with herbicide applications to prevent the spread of their seed to
these spots.
One such herbicide recommended is RoundUp V. Cutting the tree down and painting
concentrated RoundUp® herbicide on the stump within 2 -3 minutes of cutting is very
effective with invasive trees and requires a very little amount of herbicide.
Very large trees can be girdled with a chainsaw or a hatchet, and a mixture of RoundUp®
and water can be applied to the girdle to deaden the tree. This will also have the benefit
of creating wildlife snags until the trees rot down. A foliar spray of RoundUp® can
effectively control individual small stems and clumps of small stems.
Instructions for timing of herbicide applications and mixing for the various methods of
application will be found on the herbicide label. These instructions should be followed
precisely to obtain the desired results and to protect the environment.
NATIVE TREES (mostly) SUGGESTED FOR LANDSCAPING IN
THE NORTHERN SHENANDOAH VALLEY OF VIRGINIA
No particular order of preference
Gerald R. Crowell, Va. Dept. of Forestry 2/2008
Not all of these will grow on every site. First, decide why you want a tree; shade,
screening, to enhance the landscape, fall coloration, flowering, wildlife food, etc.
Second, choose the final mature height you want the tree to reach. Then, research
each species as to the desirability of planting in a particular location with regard to
purpose, soil type, and available sunlight.
DECIDIOUS:
LITTLE `UNS (TO 20 FEET)
Alder, Hazel Alnus serrulata
Hawthorn Crataegus sps.
Serviceberry Amelanchier sps.
Viburnum Viburnum sps
Buckthorn, European Rhamnus cathartica
Fringetree Chionanthus virginicus
Elderberry Sambucus canandensis
Burningbush Euonymus atropurpureus
Redbud, Eastern Cercis canadensis
MEDI `UM'S (20 — 40 FEET)
Hornbeam, American Carpinus caroliniana
Hophornbeam, Eastern Ostrya virginiana
Chinkapin Castanea pumila
Pawpaw Asimina triloba
Sassafras Sassafras albidum
Persimmon Diospyros virginiana
BIG `UNS (40 — 80+ FEET)
Willow, black Salix nigra
Hickory Carya sps.
Birch, yellow Betula alleghaniensis
DECIDIOUS BIG `UNS (continued)
Birch, black, sweet Betula lenta
Birch, River Betula nigra
Oak Quercus sps. Except for Q. falcata, Q. nigra, Q. phellos, Q. virginiana
Hackberry Celtus occidentalis
Poplar, yellow, tulip Liriodendron tulipifera
Sycamore Platanus occidentalis
Maple, sugar Acer saccharum
Maple, red Acer rubrum
Basswood TiliaAmericana
Blackgum Nyssa sylvatica
EVERGREEN:
LITTLE `UNS (to 20 feet)
Rhododendron Rhododendron maximum
Mountain Laurel Kalmia latifolia
MEDI `UM'S (20 -40 FEET)
NONE
BIG `UNS (40 — 80+ FEET)
Pine, Pitch Pinus rigida
Pine, shortleaf Pinus echinata
Pine Table Mountain Pinus pungens
Baldcypress Taxodium distichum
Arborvitae, Northern whitecedar Thuja occidentalis
Eastern red cedar Juniperus virginiana
Norway spruce Picea abies
Leyland Cypress Cupressocyparis leylandii
NOT RECOMMENDED FOR LANDSCAPE TREES:
Ash (Fraxinus sps), due to Emerald Ash Borer
White pine (Pinus strobus); be careful, it is off -site on many shale soils and
limestone clay soils in the Valley
Elm (Ulmus sps), due to elm yellows and Dutch Elm Disease
DECLARATION OF COVENANTS. CONDITIONS, AND RESTRICTIONS
AND RIGHT OF FIRST REFUSAL
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AND RIGHT OF FIRST REFUSAL (the "Declaration') is made as of the day of
, 2008, by and between O -N MINERALS (CHEMSTONE COMPANY), a Delaware
corporation, its successors and assigns (the "Declarant') (Grantor for indexing purposes), and
CEDAR CREEK BATTLEFIELD FOUNDATION, INC., a Virginia corporation, its successors
and assigns (the "Association') (Grantee for indexing purposes).
RECITALS:
A. The Declarant is the owner of certain real property, which is intended to be a
historical reserve and to be conveyed to Grantee as such and with the following covenants,
conditions and restrictions and also be subject to a right of first refusal.
NOW, THEREFORE, the Declarant for and in consideration of the premises and the
covenants contained herein, grants, establishes and conveys to Grantee a certain tract of land,
which is further described in the attached and incorporated plat ("Property"), which shall be
maintained as a historic reserve and further establishes the following covenants:
There shall be no occupied dwellings on the Property;
2. The Property shall be maintained with all grass neatly mowed at all times and any
trees maintained using best management practices;
3. The Declarant further reserves the right to take any action reasonably required to
maintain the Property in the event the Grantee fails to do so. This right shall
include but not be limited to the right to enter upon the Property to do such work
on the Property as may be required to effect the provisions of this Declaration.
IT IS FURTHER agreed and understood that the Property shall be conveyed with the
Grantor retaining a right of first refusal to purchase the Property in the event the Grantee conveys
or sells all or a portion of the Property to an entity, which is not related to the Grantee and which
is not a charitable entity established for the preservation of historic properties. The parties do
agree to execute any and all such other documents as may be required to effect provisions of this
agreement, including but not limited to, a memorandum confirming the right of first refusal to
be recorded in the land records of Frederick County, Virginia.
[REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK]
WITNESSETH, the following signatures and seals:
O -N MINERALS (CHEMSTONE COMPANY)
a Delaware corporation
Its:
COMMONWEALTH OF VIRGINIA
CITY /COUNTY OF , TO WIT:
The
foregoing instrument was acknowledged before me this
day
of ,
2008 by
, of O -N
Minerals
(Chemstone
Company).
My Commission expires:
Registration No.:
3
Notary Public
CEDAR CREEK BATTLEFIELD FOUNDATION, INC.
a Virginia corporation
C
Its:
COMMONWEALTH OF VIRGINIA
CITY /COUNTY OF . TO WIT:
(Seal)
The foregoing instrument was acknowledged before me this day of ,
2008 by of Cedar Creek Battlefield Foundation,
Inc.
My Commission expires:
Registration No.:
4
Notary Public
Methodology and Purpose of Pre -Blast Surveys at the Middletown Operation
WHAT IS THE PURPOSE OF A PRE -BLAST SURVEY?
As the name implies, the pre -blast survey is a visual inspection of selected structures located adjacent to
proposed blasting activities. vv/hlie off-site is effects of COmiiiciCiai blasting Such as that proposed for the
Middletown expansion are expected to pose no threat to existing structures, it has been historically
documented that when the perception of blasting reaches new or additional property owners, it is human
nature to pay additional attention to one's property.
Decades of research performed by the US Bureau of Mines as well as other investigative groups, have fully
documented not only the impact of blasting on structures, but also the impact of ambient environmental
conditions. While blast effects typically remain well below the effects of various environmental forces,
stress caused by everyday exposure to various weather events regularly places strain on construction
materials above their ability to resist impact. In other words, these studies have documented what every
homeowner already knows, houses, over time, will develop cracks and defects.
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With the propert
y owner paying close attention to the structure upon the perception of blasting operations,
minor, threshold cracks that may have previously gone unnoticed now become the focus of attention. The
question becomes; "were they there before the blasting started "?
The pre -blast survey has become a standard practice for mine and quarry expansion to remove as much
doubt regarding the effect, or lack of effect, of blasting on the community as possible. By documenting the
condition of a structure before it is exposed to transient ground vibration energy from blasting, a baseline of
condition can be developed to aid both the propert
y owner, as well as the mine operator, in determining
cause and effect associated with blasting.
HOW IS A PRE -BLAST SURVEY CONDUCTED?
The pre -blast survey is a relatively simple process requiring no effort on behalf of the property owner other
than providing access to his or her home for about one to two hours. The inspector will ask to be given
access to both exterior and interior walls, floor and ceiling surfaces, looking for any observ
able cracks,
separations, settlement or other feature that would be considered a change from standard building
conditions. Most of the cracks found in residential structures are easily observed at window and door
openings, wall junctions and ceiling tape joints.
Whenever a crack is found, the inspector will document the location of the crack and its characteristics by
taking a photograph or videotape of each observed area. In addition to the photograph, a written
Environmental Effects Comparison With Blast Vibration
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With the propert
y owner paying close attention to the structure upon the perception of blasting operations,
minor, threshold cracks that may have previously gone unnoticed now become the focus of attention. The
question becomes; "were they there before the blasting started "?
The pre -blast survey has become a standard practice for mine and quarry expansion to remove as much
doubt regarding the effect, or lack of effect, of blasting on the community as possible. By documenting the
condition of a structure before it is exposed to transient ground vibration energy from blasting, a baseline of
condition can be developed to aid both the propert
y owner, as well as the mine operator, in determining
cause and effect associated with blasting.
HOW IS A PRE -BLAST SURVEY CONDUCTED?
The pre -blast survey is a relatively simple process requiring no effort on behalf of the property owner other
than providing access to his or her home for about one to two hours. The inspector will ask to be given
access to both exterior and interior walls, floor and ceiling surfaces, looking for any observ
able cracks,
separations, settlement or other feature that would be considered a change from standard building
conditions. Most of the cracks found in residential structures are easily observed at window and door
openings, wall junctions and ceiling tape joints.
Whenever a crack is found, the inspector will document the location of the crack and its characteristics by
taking a photograph or videotape of each observed area. In addition to the photograph, a written
y owner paying close attention to the structure upon the perception of blasting operations,
minor, threshold cracks that may have previously gone unnoticed now become the focus of attention. The
question becomes; "were they there before the blasting started "?
The pre -blast survey has become a standard practice for mine and quarry expansion to remove as much
doubt regarding the effect, or lack of effect, of blasting on the community as possible. By documenting the
condition of a structure before it is exposed to transient ground vibration energy from blasting, a baseline of
condition can be developed to aid both the propert
y owner, as well as the mine operator, in determining
cause and effect associated with blasting.
HOW IS A PRE -BLAST SURVEY CONDUCTED?
The pre -blast survey is a relatively simple process requiring no effort on behalf of the property owner other
than providing access to his or her home for about one to two hours. The inspector will ask to be given
access to both exterior and interior walls, floor and ceiling surfaces, looking for any observ
able cracks,
separations, settlement or other feature that would be considered a change from standard building
conditions. Most of the cracks found in residential structures are easily observed at window and door
openings, wall junctions and ceiling tape joints.
Whenever a crack is found, the inspector will document the location of the crack and its characteristics by
taking a photograph or videotape of each observed area. In addition to the photograph, a written
description of each crack will be made, providing the location of the crack, length /width features and any
other observations deemed of interest.
After reviewing all interior surfaces, a similar survey of the exterior of the structure will be performed, using
the same simple technique of inspecting observable surfaces and documenting any change in condition
with photographs and or videotape. In addition, basic information regarding the structure (age, additions,
major repairs, etc.) will be requested similar to what is done for a home purchase inspection.
At the conclusion of the survey, the inspector will create a written report containing all of the photographic
documentation, as well as the written narrative identifying the location and characteristics of each
photograph. A copy of this report will be provided to the property owner. For a typical 3,000 ft2 residential
home, a complete survey can be completed in less than two hours.
HOW MANY TIMES WILL MY PROPERTY BE SURVEYED?
In most cases, a single survey is performed when it is projected that approaching blast operations will
become perceptible to the property owner. Because of the impact of environmental forces on any structure
over time, it is not appropriate to survey structures if prolonged periods of time will elapse prior to the
commencement of blasting in the area.
In operations such as Middletown, it would be expected that perception of blasting activities would occur
when blasting operations are at a distance of approximately 3,000 feet from blasting operations. Given the
phasing of mining activities at Middletown, this would mean that some existing and future structures might
not require a pre -blast survey for many years.
Sometimes arrangements are made with property owners to have all adjoining properties surveyed upon
the receipt of the new mine permit as a means of providing everyone with a general baseline of structure
condition at the commencement of general mining activities associated with the permit. An agreement is
then made to allow for a second survey when blasting activities reach perceptible levels if a time period
greater than six months has elapsed since the initial survey.
As all blasting operations are monitored with approved seismic monitoring equipment, no additional surveys
will be required.
HOW DO I KNOW THE SURVEY IS IMPARTIAL?
This is one of the cases where anything that is done with regard to the pre —blast survey that is substandard
or incorrectly done will aid the property owner. The primary error that is made with regard to a survey is to
miss an existing crack or condition that should be documented. Logic would indicate that this only works in
the property owner's favor as, in essence, the structure contains pre- existing cracks that have not been
documented, leaving the possibility that they may be claimed as blast related at a later date. I know of no
manipulation of a pre -blast survey that can be done that would aid the mine operator in any way.
The pre -blast survey is an effective tool in providing the property owner and the mine operator with a
baseline reference for the condition of the community prior to blasting. While it needs to be stressed that
continued exposure to environmental forces will, over time, show some change in the condition of any
structure, the pre -blast survey is still an effective means of establishing guidelines prior to blasting activities.
WELL GUARANTEE AGREEMENT
Carmeuse Lime & Stone, its successors or assigns (hereinafter referred to as "MINE OWNER ")
guarantees to the undersigned Owner that it will replace or replenish the Owner's existing
privately owned domestic -use water well(s) under the following circumstances:
Any water well negatively impacted in such a way as to render it unsuitable for its existing use,
on property within 1,500 feet of any parcels being actively quarried and dewatered by MINE
OWNER located at its Middletown plant (hereinafter referred to as the MINE OWNER Facility)
by depleting a well, lowering the water surface below the pump or negatively intercepting the
groundwater flow to the well. If at some future date MINE OWNER expands the MINE OWNER
Facility and the active mining operations into other adjoining properties not currently zoned for
earth materials extraction, then this Well Guarantee Agreement will be automatically expanded to
include all parcels within 1,500 feet from those areas.
MINE OWNER will repair the problem by lowering the pump; deepening the well. drilling a
replacement well. and /or installing an appropriate water quality treatment system at no cost to the
Owner.
The undersigned Owner, in accepting this guarantee. agrees to the following conditions:
The Owner grants permission to MINE OWNER or its representative to inspect and evaluate the
current condition of the well as part of a baseline water well inspection survey.
The Owner grants permission to MINE OWNER or its representative to perform water level
measurements of the well or collect water quality samples (in addition to the baseline water well
inspection survey) on an as needed basis for the purpose of creating background data for the well,
and to assess potential complaints.
The Owner agrees to notify within twenty-four (24) hours of discovery of the reduction of water
supply, depletion of the well or degradation in water quality so that MINE OWNER and a third -
party hydrogeologist (as a Licensed Professional Geologist in the State of Virginia) can verify
and /or document any occurrences noted during quarrying at the MINE OWNER Facility that may
have contributed to the reduction of water supply or well depletion.
The third -party hydrogeologist shall document the reduction of water supply, depletion of the
well or degradation in water quality. Further, the hydrogeologist will make a determination as to
the cause of the reduction of water supply, depletion of the well or degradation in water quality
only for purposes of determining the appropriate repair or remediation. MINE OWNER shall be
responsible for supplying temporary potable water for human consumption, and potentially. water
hauling for other uses (as appropriate) until the problem is corrected. MINE OWNER shall be
allowed by the Owner to evaluate the well and conduct such reasonable tests as it deems
necessary to verify the cause of the reduction of water supply, depletion of the well or
degradation in water quality.
MINE OWNER agrees to bear all reasonable expenses that result from said reduction of water
supply or well depletion; including, but not limited to temporary potable water supply for human
consumption, household use, water hauling for other potential uses (as appropriate), well and
pump modification, new well construction, and legal fees expended in implementing this Well
Guarantee Agreement. The owner shall notify MINE OWNER prior to undertaking remedial
activities or incurring expenses that later may be borne by MINE OWNER.
Repair costs due to worn or defective pumps, electrical cabling, and piping are specifically
9 A -
excluded from this guarantee.
The terms of the Well Guarantee Agreement are binding during the active life of the said MINE
OWNER Facility, including one year following cessation of mining activities. Upon the
expiration of one year following completion of quarrying activities at the MINE OWNER
Facility, this Well Guarantee Agreement shall be considered null and void.
Owner:
Date:
MINE OWNER:
Title:
Date:
Local homeowners within 1,500 feet of the property line of the proposed expansion will
be invited to take part in a pre- expansion survey of their domestic water wells.
Within _ days after rezoning is approved, each property owner within the 1,500 ft.
radius of the proposed expansion will be sent an informational newsletter explaining the
purpose of the Survey. A second letter, which will include a short scheduling form for
owners to fill out and return to Carmeuse Lime & Stone, will be sent out within days
after the newsletter, and a public information meeting will be held as a follow up. As the
scheduling forms are received, the property owners will be contacted by Carmeuse
personnel to coordinate a day and time that is convenient to conduct the survey.
The Survey generally will consist of a short, in- person or phone, interview with the
resident, property owner, or other knowledgeable party to gain information on the history
of their well. The interview will followed by a physical inspection of the well. This
includes obtaining the water level, pump setting depth and total depth. Existing driller's
logs will also be examined. All sampling will be conducted in accordance with
governing approved testing procedures for potable water wells.
Field parameters measured at the time of collection include pH, Specific Conductance,
Temperature, and Turbidity. The samples will be packed in ice and transported under
chain -of- custody to a third party, accredited analytical laboratory for analysis. The
samples will be analyzed at the laboratory for pertinent biological and chemical
constituents. These include Total Coliform, Alkalinity, Chloride, Sulfate, Nitrate,
Phosphorus, Potassium, Sodium, Magnesium, Calcium, Iron, and Manganese.
Each well will also be tested to determine its Specific Capacity, which will be used as a
baseline for well yield estimations at that particular location. Well water at each
respective well will be purged at a measured flow rate (variable for each well) for a
specific time interval (also variable for each well) using the existing pumping system
currently in place. The water level in each well will be measured during the testing
period. Typically the well will be purged at a flow rate of less than 5 to 10 gallons per
minute for approximately 30 minutes or less. The Specific Capacity for each test will be
calculated using the average pumping rate during the test divided by the water level
drawdown incurred at the well during the test.
Copies of the resulting reports will be provided to the property owner, as well as being
maintained by Carmeuse and the designated third party performing the evaluation.
PAR 90 -A2S
ARHA SUMMARY
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VIEWSHED 2
HORIZONTAL SCALE= 1' = 600'
VERTICAL SCALE: r - 300'
r '
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KEY MAP
NO SCALE
O N Minerals Chemstone
a aX.
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Frederick County, Virginia
MAY 20DB
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VIEWSHED 3
HORROMAL SCALE= T • 6 U'
VERTICAL SCALE, T - 300'
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1. n5
r
1 '( A
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KEY MAP
NO SCALE
O N Minerals Chemstone
Frederick county, Virginla
MAY 2006
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VIEWSHED 4A
SCALE r m 309'
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KEY MAP
NO SCALE
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O N Minerals Chemstone
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Frederick County. Virginia
2008 2008
giro-
MAY AY
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VIEWSHED 4B
SCALE+ 1' - S O'
r y.
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KEY MAP
NO SCALE
O -N Minerals Chemstone
E fly:; w.:II: R;:.,.
Frederick County, Virginia
MAY 2008
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VIEWSHED 5A
SCALE= 1'. =300'
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t
r
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KEY MAP
NO SCALE
O -N Minerals Chemstone
Frederick County, Virginia
MAY 2008
-Fm--T
a PIP ° S
en'�ii'� "s ns m
VIEWSHED 5B
SCALE 1' ° 300'
t n
Y f
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KEY MAP
No SCALE
O N Minerals Chemstone
Frederick County, Virginia
Y1 MAY 2008
0
VIEWSHED 6
SCALE i' - 300'
KEY MAP
NO SC,1r
O N Minerals Chemstone
Frederick County, Virginia
My ON
t
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r.
KEY MAP
NO SC,1r
O N Minerals Chemstone
Frederick County, Virginia
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VIEWSHED 7
SCAL.5 r - 30V
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F r
i r
KEY MAP
NO SCALE
O N Minerals Chemstone
Frederick County, Virginia
MAY 2008
r4
KEY MAP
NO SCALE
O Minerals Cbemstone
Frederick County, Virginia
MAY 2008
Pdwo
KEY MAP
NO SCALE
O Minerals Cbemstone
Frederick County, Virginia
MAY 2008
RW`
VIEWSHED
1' - 00'
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KEY MAP
NO SCALE
O N Minerals Chemstone
Frederick County, Virginia
MAY 2008