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Home My WebLink About06-07 Comments (2)December 5, 2007 To: Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 From: Laurel V. Munk 220 Tannery Hills Lane Star Tannery, VA 22654 Re: Proposed sand mine operations by Mundy Quarries Executive Summary: I ask that the Commission carefully research the concerns of citizens regarding the proposed operation of a sand mine on property owned by Raymond Brill of Star Tannery. My personal concerns are noted below. Background: A 10 -year resident of Star Tannery, I own property between two of the possible routes that trucks will use to reach Rte. 55 (Wardensville Pike). Access to my residence, and that of two adjacent neighbors, is via a road that joins Rte. 55 between Rte. 603 (Brill Road) and Rte. 600 (Pifer Road). I am also a satisfied customer of Mundy Quarries. Concerns: My concerns about the potential re -opening by Mundy Quarries of sand mine operations on the Brill Road site focus mainly on the hazardous mix of heavy trucks and rural road conditions, resulting in the risk of vehicular accidents and injuries. My specific concerns are as follows: Use of Rte. 603 (Brill Road) for direct access to Rte 55 1. This unpaved road is for the most part too narrow for passenger vehicles to pass, much less a large truck and any other vehicle. 2. In dry weather, any vehicle's passage generates clouds of dust. 3. On the plus side, however, the intersection of Brill Road and the highway is wide and level. Use of Rte. 603 to Rte. 600 (Pifer Road) and from Rte 600 to Rte 55 1. Rte. 600 as it approaches the intersection of Rte. 55 is a winding narrow road that adjoins the highway at the bottom of a steep hill. It is my understanding from long-time residents that this was the preferred route for trucks to use when the mine was in operation years ago. However, these residents report that the trucks burned out their brakes so often that excessive maintenance costs led to use of Rte. 603 to Rte. 604 (see below). 2. This steep incline in winter is very icy, as the road surface gets little sun. 3. My gravest concern is that heavy trucks with a full load of sand may not be able to stop before entering the intersection of Rte. 600 and Rte. 55, and may strike a vehicle traveling on Rte. 55. 4. Traffic on Rte. 55 is noticeably heavier than it was even 10 years ago, largely due to the opening of new stretches of interstate in West Virginia, advancing toward the state line. The potential for a collision at any intersection where a sand truck may enter Rte. 55 has increased with the volume of highway traffic. However, I believe the greatest risk is at the bottom of that steep hill on Rte. 600. Use of Rte. 603 to Rte. 604 (Star Tanner Road_) and from Rte 604 to Rte 55 1. Parts of this route are also winding and narrow, particularly between the houses near the fire station and the curves between the Star Market and the Post Office. 2. It is my understanding from long-time residents that when the trucks switched to this route years ago, the wear and tear on the two small bridges between the Star Market and the Post Office resulted in the need for repair. I hope that those repairs resulted in the support necessary for renewed heavy truck traffic with the frequency proposed. 3. The concern with this route lies in the safety of the children, adults, and pets that live so close to the paved surface. Accountabili Issues 1. It is my understanding that the proposed operations at the sand mine would involve not only trucks owned by Mundy Quarries and driven by employees of Mundy Quarries, but also trucks owned and operated by an undetermined assortment of other interests who would access the sand mine as a point of sales. 2. I believe that Mundy Quarries is likely approachable about taking steps to address citizen concerns and could be held accountable for safe operations if those issues are resolved. I believe that with good training and driver retention, that regular route drivers could operate their vehicles properly and learn how best to navigate the roads safely. 3. However, I have no faith that other companies would take similar precautions or be held accountable. I have grave concerns about non -Mundy drivers who are unfamiliar with the roads just "popping in" to pick up an occasional load. Actions Requested: Before making any recommendations to the Board of Supervisors regarding the re -opening of sand mine operations, I respectfully ask the commission to take the following actions. 1. Examine all citizen concerns as well as assurances of Mundy Quarries. Seek knowledgeable technical advice from parties that have no possible connection to Raymond Brill or Mundy Quarries. 2. Consider with due diligence any reasonable alternatives, which I understand are being presented by other concerned citizens. 3. Wherever it is determined that trucks would enter Rte. 55, consider caution signs or polar -powered flashing lights at the approaches to the intersection; reduce the speed limits on Rte. 55; and cut vegetation to improve line of sight at intersections. 4. Increased enforcement of speed limits on Rte. 55, and enforcement of weight limits on sand trucks. The fines could help offset the expense of the additional patrols. 5. Measure the width of the road surface at several spots, especially the curves. Measurements must be taken of what the distance actually is, not what it should be. Also, measure the width of the Mundy trucks and a school bus --from the widest parts including side mirrors, not just the distance between tires or body panels. I am not yet convinced that any of the existing roads are of adequate width. Conclusion: I appreciate the opportunity to express my concerns to the commission at this time. Although I do not believe that mining at the site should be prevented, I do think the community is better off without it. Thus, measures must be taken to address all safety concerns raised and alternatives suggested. Pagel of 2 June Wilmot From: Gravel Springs Farm [1836@gravelspringsfarm.com] Sent: Tuesday, December 04, 2007 12:08 AM To: jwilmot@shentel.net Cc: elawrenc@co.frederick.va.us; mruddy@co.frederick.va.us; cperkins@co.frederick.va.us Subject: Frederick County Planning Commission :: case: Mundy Sand, LLC, conditional use permit request, Brill Road, Star Tannery, VA Frederick County Planning Commission 107 N. Kent Street Winchester, VA 22601 Dear Chairman Wilmot & Commission Members: I should like to express opposition to the conditional use permit application for the Raymond and Shirley Brill/Mundy Sand, LLC property on Brill Road in Star Tannery in the points below and hope that you may give consideration to these and other concerns about the sand mine proposal. General concerns: The Star Tannery area in which the site is located is served by a network of narrow, winding, and hilly roads, most barely a full lane wide. These roads feature blind spots, lack pull -off lanes, and require considerable care when two automobiles pass in opposite directions at slow speeds. Despite its agricultural/residential zoning, Star Tannery, like the rest of the country, is increasingly residential; roads that once served a scant handful of farmhouses now serve much larger and still growing numbers of houses, together with the attendant traffic of residents, school buses, delivery and construction vehicles, etc. In the past three years, new housing and traffic have increased considerably, and general traffic is already something of a hazard, and particularly large truck traffic; there is no reason to believe that the trend will reverse or remain static. No simple program of signage, or modest road widening, or even policing of a remote corner of the county is likely to make so much as a dent in curbing the danger of large, heavy trucks at high speeds, incapable of avoiding accents on narrow, winding roads. Because there are multiple route options to access the site, it seems unlikely that commercial traffic can be successfully restricted to a single preferred route; it will spread across the Star Tannery/Gravel Springs, South Pifer, and Brill Roads. Applicants' proposed concessions: Proposed "concessions" published in The Winchester Star articles are insufficient to address the potential impact of the enterprise: . Improvements to a vehicle entrance to the sand mine are of benefit only to the sand mine, and do nothing to lessen the project's impact beyond its gates a A six -day -a -week daylight -hours operation policy is not so much a concession as a practicality, and ignores the fact that neighboring residents may be at home during those same days and same hours. . A limitation of operations to not nearer than 50' of Gravel Springs Run seems insufficient given 12/4/2007 Page 2 of 2 the nature of the business and its potential impact upon the run which extends to Cedar Creek. . No concessions have been put forth that address dust emissions, noise, or traffic hazards beyond the property gate. Historic/Natural Resources Conservation: . Along the various roads likely to be subject to increased heavy truck traffic are significant historic and natural resources. South Pifer Road/SR 600 is designated by the Virginia Department of Transportation as "A Virginia Byway [which] offers travelers a side of the Commonwealth that is uncommon and revealing ... Each byway leads to scenes of natural beauty and places of historical and social significance" [Reference: http://www.virginiadot.org/progi-ams/prog-byways.asp w http://www.virginiadot.org/programs/resources/sm-4.pdf ] Q Historic resources include 19thC workers houses along Brill Road that were associated with the tannery that operated through much of the 19thC and which supplied the Star Shoe Company of Baltimore, giving the community its name. On the same road are mill owner's houses and an early small rural gas station featured in Maral S. Kalbian's Frederick County,_ Virginia: His_ tom Through Architecture. Kalbian also discusses Gravel Springs Church (1849), its cemetery, and Gravel Springs Farm (1836), a largely intact crossroads settlement from the first half of the 19thC located on South Pifer Road at its intersection with Brill Road. In 1993, Gravel Springs Farm was determined eligible for listing on the National Register of Historic Places and the Virginia Landmarks Register [Reference: DHR# 34-124]. The Star Tannery/Gravel Springs areas have maintained numerous historic properties and landscape vistas that give a still unspoiled view in the 19thC development of the community and of Frederick County. National and State parks and forests (George Washington National Forest; Devil's Backbone State Forest) in close proximity to the sand mine site give further evidence of the area's scenic, natural, and historic resources. Many thanks for your consideration. Daniel Maier Robert Warnock Gravel Springs Farm 2074 S. Pifer Road Star Tannery. Virginia 22654.2229 http://www.gravelspringsfarm.coni No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.503 / Virus Database: 269.16.13/1167 - Release Date: 12/3/2007 12:20 PM 12/4/2007 Page 1 of 1 Dear Planning Commissioners, As a landowner in Star Tannery I have been most concerned about the safety of our roads once the sand mine brings increased truck traffic to our neighborhood. As a possible solution, I have focused on the relatively short distance between the mine and Rte. 55 via the upper stretches of Route 603 (Brill Rd) and would like someday to see that route become the road of choice for trucks accessing and leaving the sand mine. I realize that sections of upper 603 are not currently suitable for truck traffic, but think we could reasonably begin the process to get funds from VDOT's Rural and Rustic Roads program now, so that when truck traffic increases appreciably, the money will be available to make all of upper 603 safe for truck traffic. In addition, a visit to the Frederick County treasurer's office revealed that -- though his land is subdivided — the owner of the parcel on which the mine is located, Raymond Brill, also owns the 45 -acre lot immediately north of -- and adjacent to -- his large home property. Indeed, the current driveway connecting the mine to Rte 603 crosses part of this 45 -acre subdivision. I would like to suggest that the driveway from the mine to 603 be redirected to meet Brill road about 1500 feet north of its current location. If instead of exiting as it presently does at a right angle to the road opposite 431 Brill Rd, it ran across Raymond Brill's property and exited north of 287 Brill Rd., this would: a) keep truck traffic using the most direct route north to 55 off of 603 past five residences; and would mean that b) the driveway from the sand mine would intersect 603 at an angle sharp enough that trucks would naturally proceed north on 603 the short distance to 55 rather than making a very hard right towards the church and taking the longer joumey through Star Tannery. (North of this intersection there are only 3 houses along Brill road -- all of them set quite far back.) On issues of noise and dust, I would ask the Planning Board to require that noise -- both from on-site equipment and trucks — be reduced by whatever mechanical means are available. I also traveled up to Gore to view the sand mine there. Though it is enormously different than anything proposed for Star Tannery, an engineer there volunteered that the Unimin waters the local dirt roads every day in dry weather. Most of these roads fall within their large property, but they also water a state road with gravel surface heavily used by their trucks. I think that Mundy Quarries would probably be willing to do the same, but would like to ask that it be made a requirement in the conditional use permit as well. I hope that both you and Mundy Quarries will consider these suggestions reasonable, both economically and as a way to secure the comfort and safety of our roads, our citizens and our children. Sincerely, Susan Tenenbaum Star Tannery, VA 22654 file://C:\Documents and Settings\jos\Local SettingsUpplication Data\IM\Runtime\Messag... 12/5/2007 Pagel of 3 Mark Cheran From: Eric Lawrence [elawrenc@co.frederick.va.us] Sent: Tuesday, December 04, 2007 9:07 AM To: Mark Cheran Subject: FW: Frederick County Planning Commission :: case: Mundy Sand, LLC, conditional use permit request, Brill Road, Star Tannery, VA Do make sure your presentation begins with a brief statement about what's already a permitted use on this property.... Need emphasis that the sand mine is not in violation of their existing conditions, therefore it would be inappropriate to revoke their permitted use... Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc@co.frederick _va,us htt :/p /www.co.frederick.va.uslPlann_ingAndDevelopment/PlanningAndDev htm www. co. frederick.va. us -----Original Message ----- From: Gravel Springs Farm [mailto:1836@gravelspringsfarm.com] Sent: Tuesday, December 04, 2007 12:08 AM To: jwilmot@shentel.net Cc: elawrenc@co.frederick.va.us; mruddy@co.frederick.va.us; cperkins@co.frederick.va.us Subject: Frederick County Planning Commission :: case: Mundy Sand, LLC, conditional use permit request, Brill Road, Star Tannery, VA Frederick County Planning Commission 107 N. Kent Street Winchester, VA 22601 Dear Chairman Wilmot & Commission Members: I should like to express opposition to the conditional use permit application for the Raymond and Shirley Brill/Mundy Sand, LLC property on Brill Road in Star Tannery in the points below and hope that you may give consideration to these and other concerns about the sand mine proposal. General concerns: The Star Tannery area in which the site is located is served by a network of narrow, winding, and hilly roads, most barely a full lane wide. These roads feature blind spots, lack pull -off lanes, and require considerable care when two automobiles pass in opposite directions at slow speeds. Despite its agricultural/residential zoning, Star Tannery, like the rest of the country, is increasingly residential; roads that once served a scant handful of farmhouses now serve much larger and still growing 12/4/2007 Page 2 of 3 numbers of houses, together with the a«endant traffic of residents, school buses, delivery and construction vehicles, etc. In the past three years, new housing and traffic have increased considerably, and general traffic is already something of a hazard, and particularly large truck traffic; there is no reason to believe that the trend will reverse or remain static. No simple program of signage, or modest road widening, or even policing of a remote corner of the county is likely to make so much as a dent in curbing the danger of large, heavy trucks at high speeds, incapable of avoiding accents on narrow, winding roads. Because there are multiple route options to access the site, it seems unlikely that commercial traffic can be successfully restricted to a single preferred route; it will spread across the Star Tannery/Gravel Springs, South Pifer, and Brill Roads. Applicants' proposed concessions: Proposed "concessions" published in The Winchester Star articles are insufficient to address the potential impact of the enterprise: . Improvements to a vehicle entrance to the sand mine are of benefit only to the sand mine, and do nothing to lessen the project's impact beyond its gates . A six -day -a -week daylight -hours operation policy is not so much a concession as a practicality, and ignores the fact that neighboring residents may be at home during those same days and same hours. . A limitation of operations to not nearer than 50' of Gravel Springs Run seems insufficient given the nature of the business and its potential impact upon the run which extends to Cedar Creek. . No concessions have been put forth that address dust emissions, noise, or traffic hazards beyond the property gate. Historic/Natural Resources Conservation: . Along the various roads likely to be subject to increased heavy truck traffic are significant historic and natural resources. South Pifer Road/SR 600 is designated by the Virginia Department of Transportation as "A Virginia Byway [which] offers travelers a side of the Commonwealth that is uncommon and revealing ... Each byway leads to scenes of natural beauty and places of historical and social significance" [Reference: hitp://www.virginiadot.org/programs/prog-byways.asp & hitp://www.virginiadot.org//programs/resources/sm-4.pdf ] . Historic resources include 19thC workers houses along Brill Road that were associated with the tannery that operated through much of the 19thC and which supplied the Star Shoe Company of Baltimore, giving the community its name. On the same road are mill owner's houses and an early small rural gas station featured in Maral S. Kalbian's Frederick County, Virginia: History Through Architecture. Kalbian also discusses Gravel Springs Church (1849), its cemetery, and Gravel Springs Farm (1836), a largely intact crossroads settlement from the first half of the 19thC located on South Pifer Road at its intersection with Brill Road. In 1993, Gravel Springs Farm was determined eligible for listing on the National Register of Historic Places and the Virginia Landmarks Register [Reference: DHR# 34-124]. . The Star Tannery/Gravel Springs areas have maintained numerous historic properties and landscape vistas that give a still unspoiled view in the 19thC development of the community and of Frederick County. National and State parks and forests (George Washington National Forest; Devil's Backbone State Forest) in close proximity to the sand mine site give further evidence of the area's scenic, natural, and historic resources. 12/4/2007 Page 3 of 3 Many thanks for your consideration. Daniel Maier Robert Warnock Gravel Springs Farm 2074 S. Pifer Road Star Tannery, Virginia 22654.2229 http://www. graveIspringsfann. com 12/4/2007 Mark Cheran From: Wayne Lee [Leew@frederick.k12.va.us] Sent: Thursday, November 29, 2007 3:05 PM To: mcheran@co.frederick.va.us Subject: Fwd: CONDITIONAL USE PERMIT #0607 Mark, Please see below. This is FYI. I got copied on this, and see that no one from your office has been copied on it. Wayne Kenneth Wayne Lee, Jr. CZA Coordinator of Planning and Development Frederick County Public Schools 1415 Amherst Street P. O. Box 3508 Winchester, VA 22604-2546 leew@frederick.kl2.va.us (office) 540-662-3889 x88249 (fax) 540-662-4237 (cell) 540-533-3745 (direct connect) 187*51*10627 >>> Melissa Salyers <nheven@yahoo.com> 11/29/2007 12:52 PM >>> November 29, 2007 Dear Sir or Madam: SUBJECT: CONDITIONAL USE PERMIT #0607 My name is Melissa Salyers. My husband and I reside at 451 Brill Road with our three children (ages 13, 5, and 1). We attended the public hearing on October 17, 2007 regarding the transfer of a Conditional Use Permit from Raymond Brill to Mundy Quarries. Our home is located across the road from Mr. Brill*s property. We can look out our front door and see the area where the sand mining would occur. I expressed our concerns at the hearing, but would like to reiterate how important we feel these concerns are. Our biggest concern regarding the sand mining operation of Mundy Quarries at 450 Brill Road is the safety of anyone who has to travel on Brill Road. I have compiled a list of widths from 10 different points along Brill Road. The average width of Brill Road is 13.2* from the edge of roadway to the edge of roadway. I will enclose a copy of the list with this letter. I am very concerned about my children*s buses meeting a dump truck or tractor -trailer on Brill Road. Several buses run on this road. The middle/high school bus picks children up at around 6:30 AM and drops children off around 4:00 PM. I am not sure what time the elementary bus picks up children in the morning, but it drops children off around 4:30 PM. The kindergarten bus picks children up around 11:00 AM. On several occasions, I have met one of the school buses on the road and I had to back up until I came to a spot where there was room for the bus and my personal vehicle to pass. Several of my neighbors walk on Brill Road daily due to health concerns. Neighborhood children ride their bikes on Brill Road. It would be very unsafe to the pedestrian and bike traffic if there were dump trucks using this road frequently. Our second concern is about water control on and off the site. Currently we receive a lot of the run off from Mr. Brill*s land. When it rains, we have a stream that runs down through our property and onto our drainfield. During the winter months, our yard is usually a swamp. We feel if a sand mining operation is in place, there will be more water used and more runoff onto our property. We fear with more runoff, our septic will not operate correctly. Another concern is dust control on site and on Brill Road. If a water truck is used, the road would be a muddy mess for traffic and pedestrians. If too much calcium chloride is used, it will damage the road. We have a 5 -year-old who has asthma and allergies to dust. We also have a 1 -year-old who has asthma. Currently, we have their asthma and allergies under control, but we fear the operation of a sand mine in the near vicinity, combined with extra truck traffic and, dust their health problems will be triggered. We feel if the conditional use permit is approved, strict days and hours of operation need to be defined. We met with Mr. Harrison prior to the public hearing. At the time we met with him, the days of operation were going to be Monday through Friday only. There would not be any Saturday work. At the public hearing, we found out there would be work on Saturdays. We believe there needs to be a set start and set finish time for each day because depending on the time of year daylight hours vary tremendously. We bought our home approximately 3 years ago. We moved here from a noisy neighborhood in Strasburg. We enjoy the peace and tranquility of the country setting. We can sit on our front porch and listen to the whippoorwills, the turkeys, and the squirrels. A sand mining operation would produce an extreme amount of noise. The noise that would be created by the sand mining would drown out the sounds of nature. We are clearly opposed to the Conditional Use Permit for Mundy Quarries sand mining operation at 450 Brill Road. We feel our safety will be jeopardized by the commercial vehicles. We believe our children*s health could also be an issue. We strongly urge you to deny Mundy Quarries request for a Conditional Use Permit. If you have any questions, please feel free to reach me at (540) 465-9546. Sincerely, Melissa Salyers Width of Brill Road Ditch to Ditch Edge of Road to Edge of Road 2 Point A 23* 14* Point B 16* 12* Point C 16* 12* Point D 18* 14* Point E 19* 15* Point F 15* 12* Point G 15* 13* Point H 14* 12* Point I 14* Point J 14* Average Width from Ditch to Ditch Average Width from Edge of Road to Edge of Road 13.2* Average Width of Passenger Vehicle Width of School Bus Be a better pen pal. Text or chat with friends inside Yahoo! Mail. See how. http://overview.mail.yahoo.com/ --- Scanned by M+ Guardian Messaging Firewall --- 3 16.8* 6.6* 8.0* Bob and Josie Engle 501 Brill Road Star Tannery, Virginia 22654 November 27, 2007 Members of Planning Commission Frederick County, Virginia Dear Member, My wife, Josie, and I are residents of Star Tannery in Frederick County. We searched long and hard to find our perfect retirement home. We wanted a quiet, peaceful rural agricultural and forest environment. In 2003, we found it on Brill Road and purchased 66 acres and built our dream home. We have enjoyed living our daily lives in this quiet small community_ It is with grave concern that we now have all of this threatened by the proposal of C. S. Mundy Quarries to operate a mining operation and a commercial sales business on property just across the road from our property. This proposed operation would have only negatives for us and the local community. There would be 20 to 50 properties (my estimate) that will be devalued by their proximity to this proposed industrial operation. There would be 15 to 35 (my estimate) families, who's daily lives will be negatively impacted by the high level noise of heavy equipment and their constant beeping sounds. Dust and dirt are another potential risk to the local residents. Finally, the additional truck traffic poses both safety and access risks to all of us. We have met with representatives of C. S. Mundy, gone to the first planning meeting, attended the VDOT meeting, and plan to attend the next planning meeting. None of this has demonstrated a single positive from this proposal for Star Tannery. There will be the daily mining operations. There will be the daily commercial sales business that will bring 10 to 30 plus dump trucks through our small town and up our narrow gravel road. The local citizens will have this to live with for the next 10 to 20 years if this proposal is approved. I've heard the arguments that C. S. Mundy is a wonderful company; that the operation will ramp up slowly; that the road is rated for truck traffic and can be monitored and proposals set forth to upgrade to handle the traffic if the money is available; and that C. S. Mundy can operate under the existing Conditional use permit issued to Raymond Brill. None of this is very comforting to us. I urge the planning commission and the Board of Supervisors to turn down the C. S. Mundy expansion proposal. If the County board of supervisors values this mining and commercial business more than quality of life of the local residents and approves this proposal, I would ask that you place more conditions on the permit that will help minimize the impact to Star Tannery residents. The existing conditional use permit is not very limiting. It doesn't allow blasting, and restricts hours to daylight only. Once operations commence, there is no mechanism to monitor the impact to the community. There is no formal review process. As long as they are within permit guidelines, there is no recourse. The current Conditional use permit is for a mining operation. C. S. Mundy intends to run a sales operation at this site. I think the county should require a separate conditional use permit for a commercial sales operation. If the decision is to approve this Conditional use, then now is the time to place restriction and conditions on both the mining and commercial sales. Restrictions can be eased in the future, restrictions can't be added in the future. What is approved now is what we will have to live with for the rest of our lives. I urge all of you to understand the impact that this operation will have to the citizens in this remote corner of Frederick County and factor their welfare into your decision. Thank you for your consideration of our concerns. Sincerely, Bob and Josie Engle josengle(a?shcntel.net 540-465-8680 ta TWfram and robin Yfutchinson Grace vaffey 1696 South Pifer Road StarCTannery, VA 22654 October 2, 2007 Mundy Quarries David W. -1farrison, President PO Box 126 Broadway, vA 22815 Dear Wr..Ifarrison, We are writing this fetter to let you know our concern over the quarry proposafon 91r. Raymond Bri/Ts property on Brillload in Star Tannery, VA. We never received a fetter from you stating what you had planned to do with the quarry untdourneigh6orsgave us a copy of theirs. We have many concerns of the quarry becoming more active than it has been in the past. We understand that you wiff 6e asking the trucks to use BriffRoad to enter the quarry; however they have to get to Briff Road. South Pifer Road is a direct and easy road from Route SS to BriffRoad and once they reafze that they wiff 6e choosing to use it rather than travefup route SS to enter onto BAff Road, making South Pifer w9ad busy. South Pifer Road is afready used by dump trucks and tractor trailers, some on their way to the quarry, others are deliveries to the neighborhood, but for the most part it is relativefy quiet. Ztllien these trucks, as weft as cars, use South Pifer Road they speed past the house. One of our concerns is the added trafft and the speed at which they will be using South Pifer Road. We have children, dogs, cats, and an Equine breeding business where we are taking horses 6ackand forth across South Pifer Rgad. In the spring we have mares and foals that are crossing and we are concerned that the drivers wilf 6e traveling too fast or not paying attention to be able to stop if horses, people, or other animals are crossing. Our children are outside a lot playing, riding bikes, and doing kid things, for their safety we worry about the added traf�c and speed in which they may travef on the road. Children are unpredicta6fe and sometimes don't of -ways think before they run out into the road to get a baff or something else and our concern is that the drivers won't be a. paying attention because they are worded about their Coad or hours so they can get more money. Another concern that we have is the disruption of the wiWife we have here in this smaCClittCe vafCey. We have 6ear, 6o6cat, fob deer, coyote, and many other creatures that live here and we are concerned that if there is more traffic there will be more killed on the road. 17hey may even choose to leave and that is one of the reasons that we Cove it here. Another concern that we have is the noise from the quarry. Noise cavies in the valley, you can hear farmers calling their cattle every morning and that is a pleasant sound, but the sound from the machines running and trucks going in and out is not. Farmers are usually working cattle in the morning and then farming the rest of the day but it is quiet, the quarry would be running afCday from eadyAW to the evening with no break. 7liere would also be added dust and dirt floating around that would make keeping a house clean even harder We thankyou for taking the time to hear andlisten to our concerns about your proposed quarry plans and we thank our neighbors for keeping us in their thoughts when they received your letter, if you have any questions about our concerns please feel free to contact us. Our home telephone num 6eris (5404654808 and the best time to reach us is eadyA9W orafter 8 o'cCockin the evening. Way the Gordguide you in your decision and actions concerning our small community. Sincerely, RobinA..ifutchinson McKee & Butler, P.L.C. 112 South Cameron Street P. 0. Drawer 2097 Winchester, Virginia 22604-1297 (540) 662-3486 Facsimile (540) 722-3787 E -Mail: bmblawl@comcast.net Peter K. McKee (1934-1967) Benjamin M. Butler Stephen G. Butler Edwin B. Yost October 31, 2007 Mr. Mark Cheran Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 RE: Mundy Sand, LLC My File No. 12443(A) Dear Mark: i I had David Harrison of Mundy Quarries stage typical truck traffic contemplated at the Gravel Springs Road intersection. I enclose herewith pictures of that to show that two trucks could pass on Brill Road. I am also enclosing herewith copies of the records from the year 2000 through 2006 showing the Raymond Brill site to be a continuous mine operation. This will confirm that I, along with David Harrison and T. J. Wilson, Esquire, will meet with you and Jerry Copp of VDOT on November 5 at 2:00 p.m. at the Gravel Springs Church. It is my understanding that John Bishop of Frederick County should be in attendance. Very truly yours, M E & BUTLER B jamin M. Butler BMB J ds Enclosures cc: David Harrison (via e-mail) T. J. Wilson, Esquire (via e-mail) DUN PtEPORT TNPR.06: Como Year: 2000 arison of Annually Reported Tonnage Data COMPANY W4-,j.E LEWIS W. PFELTZ PEFUAIT 13596AB 661NE NAME TYPE #1 COUNTY` EMPLOYM TOTAL HRS # ACCIDS TORINAGE $-� LLOYL-� 0 GOC.. 13868A3 OP STAR, OP MIDDLESEX 0 COUNTY 0 TOTAL AL HRS LOCHER& COMPANY, INC. 05674AA I QU VVYTHE 2 0 0 LOUDOUN QUARRIES 05767AA LOUDOUN Qu LOUDOUN38 0 0 BEDFOUN RD 0 0 1,167,115 80,018 1 1,596,1365 DW REPORT 1WPR.00: Comparison of Annually Reported Tonnage Data Year:200i COMPANY NAPE PE P.',h I T MINE NAME TYPE COUNTY LEWIS W. PFELTZ 13596AB #1 OF MIDDLESEX LLOYD (D QCOIL" 1386�Als ::TAR T-",?!NEPY SANDIGR OP FREXRI-K LOUDGUN QUARRIES 05767AA LOUDOUN' QU LOUDOUN" EMPLOYEES TOTAL HRR # itCCIDS Too, r4A GE 0 0 0 �'c3fll 36 78,865 0 1,672.,454 DIVIM REPORT TNPR,06: Comparison of Annually Reported Tonnage Data Year: 2002 COMPANY NAME PERIMIT MINE NAME TYPE LINDA S. MELLAR 13778AB #1 COUNTY E MPLOYEE TOTAL AL HRS # ACCJ[)s TONNAGE OP LLOYD [) 1385BAB STAR TANNERY SANDiGR Op LOUDOLIN QUARRIES GLOUCESTER Fl:'EDERICK82' 0 0 0 05767AA LOUDOUN OU LOUIS O. GOODWIN, JR 90372AA #1 LOUDO 2 30 71,467 0 0 OP BEDFOUN RD 0 0 1,167,115 0 OMMA REPORI Tf--!PR.0G: Comparison of Annually Re,portiad Torinage Data gear: 2003 CO!-.4PAHY NAME LESUEUR-RICHMOND SLATE CORP. PERMIT 05745AA VANE f llh�]E BUCKINGHAM SLATE TYPE COUNTY EMPLOYEE$ TOTAL HRS ;� ACCIDS 7004AGE LINDA S. MELLAR 13778AB #1 QU OP BUCKINGHAM 77 154 ,OOC 0 376'5w LOUDOUN QUARRIES 1 lzj�'SFAB S TAR —, Alt;1111111ERY GLOUCEsrER 0 0 0 0 LOUIS O. GOODWiN, JR 05767AA 90372AA LOUDOUN 91 QU LOUDOUN38 LOUDOUN N 6709 4" c; 0 ' 50 LOUIS 0. GOODVt'IN,.'R 9ID372AA OP BEDFORD 0 , 0 77Z�l 1.416,050 1,783, 56 0 0 0 0 0 0 0 WAINA, REPORT TWP6.1.06: Comparison of Annuaily Reported Tonnage Data Year: 2004 COMPANY RA IE LESUEUR-RICHMOND SLATE CORP. PEFUXT 05745AA MINE NAWv'E BUCKINGHAM SLATE TYPE COURTY EMPLOYEES TOTAL FIRS # ACCIDS TORMA" LINDA S. MELLAR 13778AB t-1 QU OP BUCKINGHAM 84 189,25C 0 392,249 D G011*A'-- 1 lzj�'SFAB S TAR —, Alt;1111111ERY OF. GLOUCESTER 0 0 0 0 LOUDOUN QUARRIES 05767AA LOUDOUN OU LOUDOUN N NAXERA LAND, LLC. 13778AD Wl 50 LOUIS 0. GOODVt'IN,.'R 9ID372AA #1 OP BEDFORD 30 77Z�l 0 1,783, 56 0 0 0 0 0 0 0 OMM FlEPORT Ti4PR.06. Comparisoia of Annually Reported Tonnage Data Year: 20015 COf.iPANY NAME MOSS SIDE FARM PEW,104T 13807AA MINE , NAME M499 TYPE COUNTY EMPLOYEES TOTAL HRS # A-CCID3 TOWIHAGE MOUNT OLIVE MINING CO. 90444AA MOUNT OLIVE MINE OP OP JAMES CITY NORTHUMBERLAND 2 890 0 38,62(W0 imAru'RA6. �� L SAND i 0!4E CO. 1-`�WAQ NATJRAL eAND *2 OP FREDFRCK 1 61 0 2,916,00 NATURAL SAND & STONE CO. 90359AA OLD VALLEY STONE QUA OP ROCKINGHAM 56 NAXERA LAND, LLC. 13778AD Wl OP GLOUCESTER 1 &35 0 63 0 0 0 0 Dr.fthl REPORT T14PR.06: Comparison of Annually Reported Tonnage; Data, Year: 2006 COMPANY NAME MOUNTAIN MATERIALS INC PERMIT WINE NAME 13761AB SALTVILLE STONE -1 YPE COUNTY EMPLOYEES TOTAL B f ACCIDS TO-UNAGE MOUNTAIN MATERIALS INC 90422AC GLADE SPRING #2 OU QU SMYTH WASHINGTON 1 184 0 NATURAL SAND& S NATURAL SAND & STONE CO. '1386 AD NAIL' FA L F A N D # 2 (W FREDERICK 0 1 0 1 0 0 NAXERA LAND, LLC, 90359AA OLD VALLEY STONE QUA OP ROCKINGHAM 1 10 NESTLE PURINA PETCARE0 13778AD #1 90298AB NESTLE PURINA PETCAR OP OP GLOUCESTER 0 U 0 50 0 KING WILLIAM 123 224,515 4 243,487.00 +�y. f s•s 14 rf" .� w � a• a, _ v� V � ,.. .. Vii:•- ... ^,. I yy�� , ' rte•"PT -�: ¢ ♦ :w i�. - a• v �.. �Y:: % -Or � � :,, e j �.Y�i �gs+t ;r f� y-, » . r � w "'�,�. K �. �� °' � � Ili «ti 9j 1 �.. � ,i ,, I t J J 0. a 0 rcb' o ."4 0 I� ,k h r ' ��. �•� �� :tet �y,•� - 1 �r '+ I 'ft M �I �r r . x Ll �....($4` 'Bl i.{L -_.r te ✓' .ia..—x.�..�. ... .. McKee & Butler, P.L.C. 112 South Cameron Street P. 0. Drawer 2097 Winchester, Virginia 22604-1297 (540) 662-3486 Facsimile (540) 722-3787 E -Mail: bmblawl @comcast.net Peter K. McKee (1934-1967) Benjamin M. Butler Stephen G. Butler Edwin B. Yost October 2, 2007 Office of the Frederick County Building Inspector John Trenary 107 North Kent Street, Suite 200 Winchester, Virginia 22601 RE: Mundy Sand, LLC CUP My File No. 12443(A) Dear John: M=11_'_.'� I am enclosing herewith the sketch of the location of the proposed office trailer and scales and the initial location of the portable plant for the Conditional Use Permit application filed by Mundy Sand, LLC. Please let me know if there is additional information which you need. If and when Frederick County approves the Conditional Use Permit in the name of Mundy Sand and prior to installing the office trailer upon the property, Mundy Sand will obtain the necessary permits from your Department in order to utilize the office trailer at the site. Very truly yours, Mcg & BUTLEI} Benjamin M. Butler BMB Jds Enclosure cc: Mark Cheran, Frederick County Planning Office Mr. David Harrison IFREDERICK COUNTY, VIRGINIA "'i t� w ' �µ�"} iA }SS-.qi�:h Fyy++'yy�yy` s,7}1 �7: '� i i \ ►. , . : �Ty .a 571 1 �2.♦t y� k� 4R•tr { bJt ". c:}.yar �`�,• ��1'l, ir.. i�°y � S a M. R .l" t� i ;► j �"'��, �_ '�tJ - ,t. X78;1 'gyp V i + f ? is, { Y. , :tet 1 • �a y -g }i+�� rg�a +[:tt}�J.6Y !",14��a.. �_, 4 �b .•. �s� ,,,, i". -v'� y.. i i * 'i£.?� (5 4[_ S Ak � !�'• N , '?�� 't, is i+` � t r tom' _ ,st .�... ' + I 5��++'►�JyyV ;, Y '»: ��t� a.,�i. \,; Tent�,}.� �c ti' d,. •.. ! �\ iK� �usS, �'F t' db1+i�i` r,A� c ) r f{ h”, n {. }x '�' iq ♦ b "�. tth A„, \ it..•V '`�7•' !i C 'k. . it vet. l 4 j� ,�{•`RV, -♦ a. �r ` .a I r � �'- W1 t Frederick County Dept. GIS of Fo. �a,tt s' �., t tiCc.tirA; + r�,w,n C7a , of Parcel Mapping Service ta}S at tri 0-f3{ '-:S 1a " DRAFT SEP 2 8 200 Peter K. McKee (1934-1967) Benjamin M. Butler Stephen G. Butler Edwin B. Yost McKee & Butler, P.L.C. 112 South Cameron Street P. 0. Drawer 2097 Winchester, Virginia 22604-1297 (540)662-3486 Facsimile (540) 722-3787 E -Mail: bmblawl @comcast.net September 28, 2007 HAND DELIVERED Mr. Mark Cheran Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 RE: Mundy Sand, LLC My File No. 12443(A) Dear Mark: I am enclosing herewith the two (2) licenses for C. S. Mundy Quarries, Inc. issued by the Commonwealth of Virginia. The State License Numbers are the 05747AA and 05748AA which also have Federal MSHA Numbers 44-00080 and 44-00081, respectively. I have spoken with my contact at Mundy Sand, and I will have you a generalized site plan by next week which I intend to give to the Building Inspector's office so that the office will be comfortable with the planning. With respect to the office trailer, at this time, Mundy Sand intends to purchase a new unit complying with all regulations. Assuming that the CUP is issued by Frederick County, Mundy Sand, LLC will obtain a permit from the State and from the Federal authorities for the extraction of the sand from the site owned by Raymond Brill. BMB:jds Enclosures cc: David Harrison (via e-mail) T. J. Wilson (via e-mail) Very truly yours, Iami & BUTLER n M. Butler 23964-2274 T"" If, P AT '� Hlz APF OP'Pily FOR 7W AJ,,-,*,T'A "�N MA! �Cl "D TO I r A 'ril'! COMMONWEAL -W OF VIRGINIA ,ror-EPARTMENT OF MINES, MINHCVS AND NE1" Dl-"f-".l-l3!0N OF MINERAL MLNING. AP, O. BOX 4499 "Yl a 9, NCHWURG,"VA.24501 PFAMMUCENSETC2., OPERA-11rk- A MINE !4- zz MOW- Oo z7 P, Boy. 712 Vvcq'irvia 115 pe air 1"n"i"ne'riali � 1 410 F I Ul c E N E ■".' S- 41 s s p R s 71 !iill T T 0 -C- I [Y k I > T -E ml I AS AWEINW-Eb 614vllaS -an Ai�yll J4�" ro-qulr- ral.vilrqj op-n-i-i'dorlsaild tofix ootid-ition'4 '14a-1 issuance the�rt!oi; tG provj3e filla-l. ceriain salletv aadlrli�lclamaaticin pracaczs be perm". -I- cd b'y nlin�- - h I 'w rcotm th-tsmw,'; awi-vis'p- camp -&rv. ,3y-4�'ralnvs. z.-;rkA -w Asma;* on jprogmzi,�'4' o -f reclar-Notion ar"d k1l) a4ge raisted-W to forfla to Soeit�' in"31ticked-l"Vil llc�iWl; 10. Fao4de fo.XR is Board of sxt'f ce M"'n`na R-eview aw-li to prok'A"de ho r itppwal,; fromk rulings Pi "a15own4, nx.4 to pso-vida! per -to tkir ns . J" ell ANy AA i.4:'iTftE N-",9p--J-E OFYlCl Oi�141,4 L 1h, E: 1 H T 1-11 SP affi 142 YrAl C Ei jug G 0 0f Or":Y FOR 1"i-fv AS -EA Si- I OM11 ly ON THE MAP AT TACH E 0" TOA PPUr CAT 10 N, THUS PE.W*4fiT/UCZN5.':- IS NOT TRANSFERABLE OF- VIR-GINIA E)ERA11TINIENT OF PHYINTES, MINERALs', 114D EMERGY DiViSION OF YHNIERAL PrUNING P. 0. 13OX 4499 LYNCH3URG, `VA' 24502 (8 0 4) 239-066+ 2 PERMIT/LUCENSE TO OPU--RATE A MfNE Permit/License Nu :icer 05748AA Receipt iNuininber 8622 Was Issued to C. S. Mundy Quarries, Inc,, Whose ma.'"'a office is,ocated 'at P. 0. Box 126,.Broadway, Virginia 22815 I For type of rnineral(s) Limestone Located at 3 miles, South of Poute 259, on Rt- 613 of. Rockingham THIS PER.?6T/1,111CEN SE ISISSUED "Uric HINT TO CWiPTER I AND 106, TaLTLE 45.1, CODE OF VIRGINIA (1950), AS AMENDED Being an Act to require perfnits/licenses for certain mining operations and to fix conditions for issuance thereof; to provide that certain safety and reclamation practices be performed by mine operators and for inspection thereof; and to advise on satisfactory compliance; to require an annual report on progress of reclamation and tonnage of mineral mined; to provide for the Director to seek injunctive reilef; to provide for a Board of Surface Mining Review and to provide for appeals from rulings of such Board; and to provide penalties for violations. -1 , 9 89 10/16/69 - original Issued tris 18th 1 -8th day of October A issue date Covering 115.0 acres DIVISION OF MINERAL MINING Cash Hond Received_ N/A Surety Bond No. N/A Surety Company Naw,, DIREC OIR $75,00 S.afetylFee TUI THfS )PERN11'ULICENSE MUST BE POSTED AT THE MINE OFF'L�- DKY1-1158/87 SEP 5 9 Peter K. McKee (1934-1967) Benjamin M. Butler Stephen G. Butler Edwin B. Yost McKee & Butler, P.L.C. 112 South Cameron Street P. 0. Drawer 2097 Winchester, Virginia 22604-1297 (540) 662-3486 Facsimile (540) 722-3787 E -Mail: bmblawi @comcast.net September 19, 2007 Eric Lawrence, Director of Frederick County Planning & Development 107 North Kent Street Winchester, Virginia 22601 RE: Mundy Sand, LLC My File No. 12443(A) Dear Eric: I am submitting this letter which is a supplement to my letter of August 28, 2007. I am enclosing herewith the executed Limited Power of Attorney, which has been executed by Raymond Brill and his wife, Shirley Brill, together with the Comment Sheets from the Virginia Department of Transportation, the Frederick County Fire & Rescue Department, the Frederick County Inspections Department, the Winchester/Frederick County Health Department, the Frederick County Sanitation Authority, the Winchester Regional Airport and the City of Winchester. I would, therefore, appreciate it if the hearing date could be set for the Conditional Use Permit Application which has heretofore been filed on August 28, 2007. Eric Lawrence, Director September 19, 2007 Frederick County Planning and Development Page 2 Thank you for your assistance. BMB:jds Enclosure cc: T. J. Wilson, Esquire (via e-mail) David Harrison (via e-mail) Very truly yours, ;TBj*amin & BUITL utler 1, Peter K. McKee (1934-1967) Benjamin M. Butler Stephen G. Butler Edwin B. Yost McKee & Butler, P.L.C. 112 South Cameron Street P. 0. Drawer 2097 Winchester, Virginia 22604-1297 (540) 662-3486 Facsimile (540) 722-3787 E -Mail: bmblawl @comcast.net August 28, 2007 Eric Lawrence, Director of Frederick County Planning & Development 107 North Kent Street Winchester, Virginia 22601 RE: Mundy Sand, LLC My File No. 12443(A) Dear Eric: A U q 2 8 I represent Mundy Sand, LLC ("Mundy") which has purchased the Leasehold of Natural Sand and Stone Company, LLC ("Natural Sand") which was the original tenant under Raymond E. Brill and Shirley Brill. The Brills hold the Conditional Use Permit 005-88 for the extraction of sand from the 17.191 acre tract which is included in the CUP 005-88. Under the terms of the Contract, Mundy was concerned that Items No. 1 and No. 2 of the CUP 005-88 might be in effect and rather than risk the existence of those conditions, it wanted to have a new Conditional Use Permit issued under the same terms and conditions as CUP 005-88 but without Items No. 1 and 2 in that permit. Hence the reason for the filing of the application for a new Conditional Use Permit. The Contract required a filing within thirty (30) days and consequently the time, according to my calculation, would be up on August 29th and I am filing this application, but I have not received back the comment sheets from VDOT, Frederick County Fire Marshall, Frederick County Building Inspections, and the Frederick County Health Department. I do not anticipate any negative comments from any of the unreporting agencies because there have been no complaints on the CUP 005-88. I also need to file with the Conditional Use Permit the limited power of attorney to be signed by Raymond Brill, the owner of the property. Because of the above reasons, I would request that the hearing not be set until such time as I am able to provide the Frederick County Planning Department with the missing comment Eric Lawrence, Director August 28, 2007 Frederick County Planning and Development Page 2 sheets and the limited power of attorney. It is anticipated that these should be forthcoming shortly and I will promptly notify you once the same are delivered with the request for the hearing date to be set. I thank you for your assistance in this matter. Very truly yours, Fj =Butler in M. BMB:jds Enclosure cc: T. J. Wilson, Esquire (via e-mail) David Harrison (via e-mail)