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HomeMy WebLinkAbout05-17 Comments (2)LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 THOMAS MOORE LAWSON • TLAWSON(i�LSPLC.COM May 15, 2018 Michael T. Ruddy, AICP, Director Candice Perkins, AICP, CZA, Assistant Director Planning and Development County of Frederick 107 North Kent Street, 2nd Floor Winchester, VA 22601 Re: Middletown Our File No. 462.006 Dear Candice and Mike: Thank you again for meeting with representatives of Carmeuse to discuss the Proffer Amendment. As always, your comments are greatly appreciated and helpful. Enclosed please find the most recent Proffer Amendment in redline, redline and yellow, and clean for your file and forwarding to the Board. The redline edits reflect all the amendments and updates from the time after the first rezoning approval in 2008. The redline with yellow reflects the most recent changes which we have discussed with you during our recent meeting. Finally, the clean version is available to be the approved version and contains all of the edits that have been made over time. Certainly as the number of revision dates reflect, there have been numerous edits to the Amended Proffer Statement. As we all know in addition there have been other edits that have been made between official submissions to Planning. Those edits are the result of one-on-one and group meetings with Carmeuse's neighbors and more recently with the assistance of Supervisors Lofton and Dunn. Carmeuse appreciates everyone's assistance including its neighbors, the Supervisors and certainly you all as Planning Staff. To summarize the more recent edits, I provide you with the following: Section 2.2: Carmeuse has made this section more specific to confirm locations of berms, heights of berms, type of vegetation to be planted and survivability of the plantings on the berms. The most significant revision to this section is to provide for the installation of berms further away from its neighbors' property lines and to locate them behind established tree and vegetation lines. Carmeuse has also backed up the timing for the construction of those berms so that the FRONT ROYAL ADDRESS: P.O. BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540)635-9415 • FACSIMILE: (540)635-9421 • E-MAIL: JSILEK@LAWSONANDSILEK.COM Michael T. Ruddy, AICP, Director, et al. May 15, 2018 Page 2 area north of Chapel Road will not be disturbed for a period of years, and only two years prior to extractive mining activities will the berms be constructed. Carmeuse has spelled out the timing for the installation of not only Berm D but also Berm C which lies south of Chapel Road. In addition, in response to neighbors' questions and concerns Carmeuse has specified what activities will occur in the field between Westernview and Berm D and limited the activities to maintenance, monitoring and exploration. Section 2.4: Carmeuse has set out its normal hours of operation for the portion of the property north of Chapel Road. Carmeuse hopes that this answers questions raised by the neighbors about the timing of expected mining activities. Carmeuse has also proffered to notify neighbors of any changes in activities so that they are kept advised going forward. Section 4.1: There have been questions about monitoring wells and the existing Proffers provided for the installation of monitoring wells when mining activities commenced north of Chapel Road. Carmeuse has heard its neighbors' requests to know more about the monitoring of water now as opposed to waiting until the commencement of mining activities. As a result, Carmeuse has agreed to install a monitoring well north of Chapel Road within six months of the approval of this Amended Proffer Statement. Section 6.1: Again in response to the requests of its neighbors, Carmeuse has agreed to give notice to neighbors that request it (within 1,500' of the property that has been rezoned) of any and all blasting that will occur north of Chapel Road. We will leave it up the neighbors as to how they want to receive notice and have agreed to send the information via telephone, text or emails. Section 8.1: There were questions from the neighbors about measuring seismic activity from blasting that will occur on the property. Carmeuse has added language at 8.1 to provide that a stationary seismograph reader will be installed at a strategic location north of Chapel Road. This seismograph will be in addition to seismographs which are required as a result of DMME regulations. Section 10.1: There has been quite a bit of discussion about lighting that may be used for operations on the property north of Chapel Road. A provision has been added in the Amended Proffers that confirms that all lighting shall be turned off after working hours. There was already language in the Proffers which required that there be no spillover of light beyond any property line and that restriction remains in effect from the prior Proffers. Section 12.2: This confirms that Carmeuse agrees to maintain using best management and farming practices the existing fence/tree line along Section 1 of Berm D which is the existing fence/tree line on Carmeuse's property approximately 800' from the existing Westernview property lines. Thank you for all of your assistance and cooperation throughout this process. Carmeuse looks forward to appearing before the Board of Supervisors and responding to any other Michael T. Ruddy, AICP, Director, et al. May 15, 2018 Page 3 questions or comments regarding this Proffer Amendment. As always if you have any questions, please do not hesitate to give me a. call. Very trul yours Tho s ore Lawson TML"k Enclosures cc: O -N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone LAWSON ANIS SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 L, MAR 2 2018 fi�fD�r�ICK COIJiNTY THOMAS MOORE LAWSON • TLAWSON(a),LSPLC.COM March 2, 2018 Candice Perkins, AICP, CZA, Assistant Director Planning and Development County of Frederick 107 North Kent Street, 2nd Floor Winchester, VA 22601 Re: O -N Minerals (Chemstone) Company Our File No. 462.006 VIA E-MAIL, Dear Candice: Thank you for your letter of February 22, 2018 responding to the proffer statement dated February 14, 2018. As your letter requests, I do attach a slightly revised proffer statement, which bears today's date (March 1) along with attachments that are all the same unchanged attachments included with the February 14 revised proffers. However, for your convenience, I attach them again. The most recent revisions are those that are highlighted in yellow. To your specific numbered and bulleted comments, I provide the following. 1. You are correct that there are two exhibits that make up the GDP. One is a Generalized Development Plan and the other is titled Generalized Development Plan Attachment. The Generalized Development Plan Attachment was developed specifically at the request of and as a result of a neighbor meeting, which took place on the evening of February 13, 2018 at Lord Fairfax Community College. That Generalized Development Plan Attachment puts more detail regarding the berms and specifically shows each berm section and the height of each berm. Those were the heights that were specifically requested by the neighbors in attendance at the meeting on February 13. On the revised proffers both plats are defined as "Amended GDP." The County does need to know that we have received subsequent correspondence and communications from neighbors advising that they may have still other thoughts about the heights (either raising or lowering) specific berm sections. Carmeuse through this proffer amendment is attempting to modify the existing and approved rezoning to a better condition for the neighbors, namely by relocating the currently proffered berms, which are one hundred feet off the neighbors' property line to a location that is behind existing tree and fence lines. To the extent possible, Carmeuse will continue to work with its neighbors to agree on the precise height FRONT ROYAL ADDRESS: P.O. BOX 602, FRONT ROYAL, VYRGIN1A 22630, TELEPHONE: (540)635_9415 • FACSIMILE: (54035-9421 • F. 61AIL: JSILEK a@LAWSONANDSH.EK.COM Candice Perkins, Assistant Director March 2, 2018 Page 2 of those relocated berms provided the heights are no lower than ten feet and no higher than thirty feet. 2. We have made it clear in the amended proffers that the updated viewshed plats are Exhibit 2. Your letter recommends that the applicant remove the existing proffered berm details from the viewshed plats and only depict the viewsheds that have been supplemented for the berms being constructed north of Chapel Road. The only problem we would have with accommodating Staff's recommendation would be that the berms that are currently approved to be installed south of Chapel Road are not being proposed to be relocated or altered in any way from the proffered conditions of 2008. The viewsheds do reflect those berm details south of Chapel Road and, therefore, we do not believe it would be appropriate to remove all of the viewsheds from the approved rezoning of 2008 and replace them with only the viewsheds that are being offered for the new berm detail for the berms to be constructed north of Chapel Road. Further, to make the point clear, the only viewsheds that are being revised are those viewsheds for the properties that view the berms north of Chapel Road. The reason for this amendment is the berm detail for those berms north of Chapel Road are being proposed to be located and installed further away from the neighbors' property lines and to be installed behind existing tree and fence lines. 3. In response to your first bullet, we have revised the proffers to reflect that a combination of landscaping, earthen berms and fencing shall either be maintained or installed. We trust that this eliminates any confusion. In response to your second bullet, as stated above, this proffer amendment intentionally does not address the berms south of Chapel Road because there is no proposal in this proffer amendment to amend, change or alter in any way the berms that are approved south of Chapel Road. In response to your third bullet, we have added text to confirm that the revisions to the berms in this proffer amendment relate only to the berms to be installed north of Chapel Road and which are under the previous proffer identified as Berm D. In response to your fourth bullet, you are correct in confirming that this proffer amendment does seek approval to remove the thirty foot berm that is prescribed to be installed under the existing approved rezoning one hundred feet from the Westemview property line and install those berms on the Carmeuse property behind an existing tree/vegetation/fence line. The comment that states "[t]his revision could have potentially negative impacts on these residences" is not consistent with the feedback that the applicant has received from its meetings with its neighbors. In fact, although there are ongoing discussions about heights of berms plantings on the berins there does not appear to be any argument about the proposal to relocate the berms from a location that is in close proximity to the neighbors' property line to a location that is further away (approximately 800+ feet) from their property. Candice Perkins, Assistant Director March 2, 2018 Page 3 In response to your fifth bullet, the applicant certainly agrees that the berm along Section 2 will be needed to be placed in an area that will not encroach on the cemetery that was restored by Carmeuse, the stream or in a way that would eliminate existing vegetation. The applicant has received positive feedback from its neighbors that preserving existing trees and other vegetation is a very positive benefit. As Staff well knows, there are certain setbacks required from streams for any construction and that certainly would apply to the construction of berms. Lastly the applicant does not want to encroach upon the cemetery that it previously restored. The exact location of those berms along Section 2 will be dictated at the time of permitting, which will occur just prior to berm installation. The ten foot minimum/thirty foot maximum limitations apply to Section 2 under any circumstance. Finally, in accordance with the neighbors' request, the applicant will make every reasonable effort to install the Section 2 berm to the height of thirty feet, subject to the above limitations. In response to your sixth bullet, Staff is correct in pointing out that the berms will be installed as part of the removal of the overburden at the mine site. One of the benefits to the neighbors of the proffer amendment is to eliminate the requirement that the berm be installed ten years prior to extractive mining. Given that the existing proffers do not allow mining north of Chapel Road until 2028, the requirement of installing a berm ten years prior to mining dictates under the existing proffers that Carmeuse should install the berms in calendar year 2018 in order to be able to proceed with extractive mining in 2028. Neighbor feedback has been very positive to the proffer amendment, which would eliminate the requirement to start stripping earth and building the berms ten years ahead of extractive mining. One of the positives of the proffer amendment is that the viewshed will remain in an undisturbed state (with no berm building activity) until a year prior to the commencement of extractive mining. Finally, Staff comments that one year does not appear to provide adequate timing for the berm landscaping to become established. In fact, as part of the permits that are required for the installation of berms, certain soil stabilization activities will need to take place immediately to include installing the plantings. The applicant would fully expect, and the relevant permitting authorities will require, that the landscaping be installed and take effect well within that one year time period. In response to your seventh bullet, this requests that a detail for the planting revisions should be provided. The express language of the proffer amendment, which follows the language approved for the planting to be installed on the berms in the Clearbrook area, is intentionally not describing a prescribed detail, but rather a random scheme of planting. I believe the purpose of that language for the Clearbrook rezoning was that if the plantings were done in a random matter, it would appear to be more natural and, therefore, less noticeable. Conversely, the applicant was advised previously that by having a specific planting scheme one would unnecessarily draw attention to the berms because it would appear more noticeable if a strict planting scheme were followed. The language was retained also to require that all landscaping shall be approved by the Frederick County Zoning Administrator in consultation with a State Forester. The applicant has also added to this proffer amendment the use of a seed mix, which Candice Perkins, Assistant Director March 2, 2018 Page 4 has been recommended by the National Park Service. That mix has been well received, again because it appears more natural and is not a consistent or limited to one specific type of grass. 4. Historic Resources/Cemetery Access Road. This addition to the proffer amendment was added at the request of an adjoining property owner. Interestingly, the applicant did not expect that submitting a proffer amendment to move an access road from one part of its property to another would be an issue or complicating factor. In the event the Board of Supervisors does not wish to have this cemetery access relocated the applicant will be pleased to withdraw this portion of the proffer amendment. As stated above, the cemetery was restored several years ago. Likewise, the cemetery access road has been installed and Carmeuse understands that the descendants of those buried at the cemetery do, in fact, visit the cemetery on at least an annual basis. We will leave this issue to the Board of Supervisors to decide. Thank you for the opportunity to respond to Staff's comments. We look forward to the hearing and presentation before the Board of Supervisors on March 14, 2018. If you or anyone at Frederick County have any questions, comments or concerns, please do not hesitate to contact me. )urs, Thomas Moore Lawson TML.jk Enclosures cc: O -N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone LAWSON AND SIL.EK, P.L.C. 120 ExETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 7 � ',it's. :�..1=. .{,.•-. .IT THOMAS MOORE LAWSON • TL AWSON(a LSPLCX6M February 14, 2018 Michael T. Ruddy, AICP, Director Candice Perkins, AICP, CZA, Assistant Director Planning and Development County of Frederick 107 North Kent Street, 2"d Floor Winchester, VA 22601 VIA HAND -DELIVERY Dear Candice and Gentlemen: Roderick B. Williams, Esquire Frederick County Attorney 107 North Kent Street Winchester, VA 22601 Re: O -N Minerals (Chemstone) Company Our File No. 462.006 Attached are Amended Proffers which are the result of a very pro,luctive meeting with our neighbors last evening. The three changes are all in Section 2.2. The fi-st deals with specific h-ights for specific berm sections. This carne as a result not only of rhe meeting with the neighbors but also separate meeting tLe neighbors 'rad during which they voted amongst themselves for specific heights for each berm section. As a result of Vlat vote, we are also attaching a GDP Attachment which depicts the berm secticns and also labe-'s those sections with the heights set forth in the Amended Prof_-ers. The next edit is to provide that the berms will be installed at le•)st one year prior to extraction of material for processing. Again, this was the result of comme�i,s and requests frons the neighbors. Finally, we added a req, irement for the Owner to make rea-sonable efforts to see to the survival of the landscaping. Agair_•, this is being inserted at the req -nest of our neighbors. For your convenience, I am enclosing a i -dlined and clean copy of the Amended Proffers which have been executed. FRONT ROYAL ADDRESS: P.O. BOX 692, FRONT ROYAL, VIRGINIA' 2630. TELEPHONE: (54G)E35-94151 FACSIMILE: (.540)535-9421 1 E -MAH.: J':O.E!C(.-,LAWSONANDSILER.COM Michael T. Ruddy, A1CP, Director, et al. February 14, 2018 Page 2 Thank you for your continued assistance and cooperation. Please let me if you have any questions or comments. Very yours, TML:jk Enclosures cc: O -N Minerals (Chemstone) Company d/b/a Carmeuse Lime & StonE LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE $OX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 THOMAS MOORE LAWSON • TLAWSoN aQLSPLC.COM January 31, 2018 Michael T. Ruddy, AICP, Director Candice Perkins, AICP, CZA, Assistant Director Planning and Development County of Frederick 107 North Kent Street, 2"d Floor Winchester, VA 22601 Re: O -N Minerals (Chemstone) Company Our File No. 462.006 VIA F, -MAIL Dear Candice and Mike: Enclosed please find an Amended Proffer Statement for presentation to the Frederick County Planning Commission at its February 21 hearing. As you know, we last presented the Amended Proffer Statement to the Planning Commission as part of Carmeuse's effort to relocate the berms behind existing vegetation and to delay installation of the berms into the future. Under the existing approved rezoning and proffers, the berms are to be installed ten (10) years prior to commencing mining operations, which would require installation of the berms this year, and the location of the berms are in many cases approximately one hundred (100) feet from adjoining properties. After the Planning Commission hearing of November 15, 2017, this matter was tabled to allow the neighbors an opportunity to meet with representatives of Carmeuse. I am pleased to report that we did have a presentation and meeting at the Grace United Methodist Church in Middletown, Virginia on January 4, 2018, and have had follow up meetings and communications with neighbors since. The attached Amended Proffer Statement bearing the date of January 31, 2018 is a result of those meetings and discussions. For your convenience, this letter summarizes the proffer amendments. Third paragraph ut "le top v^f page 2I1U%.' (1-11). .�i) viewshcd plats have been added and incorporated by reference to the Amended Generalized Development Plan. These viewshed plats were added at the request of one of the Planning Commission members. • Paragraph 2.2. The language pertaining to the berms has been tightened up a bit to confirm that the berms will be no higher than thirty (30) feet and no lower than ten (10) feet. Further still, the proposed planting scheme for the berms has been revised to include a reference to a seed mix recommended by the National Park Service. Carmeuse is already using this seed mix, which was the suggestion of the National Park Service, at some of its properties in Shenandoah County. FRONT ROYAL ADDRESS: P.O. BOX 602. FRONT ROYAL. VM W1A 32670. TELEPHONE: (540)67S941S • FACSIMO.E: (W)675-9421 • E-MAIL: JgnJUC@LAWSONAWMLMCOM Michael T. Ruddy, AICP, Director, et al. January 31, 2018 Page 2 Paragraph 3.3. There were questions raised about the timing of the relocation of the right-of-way for the cemetery access and the timing for the same. This proffer language has been revised to provide that it shall be relocated within twelve (12) months of VDOT approval. The new entrance proposed is along Chapel Road. Paragraph 12.2. Language was added to confirm what has been depicted on the revised Generalized Development Plan and that the berms shall be installed behind existing fence lines, which currently have, for the most part, vegetation on them. The phrase, "...the owner also agrees that the existing fence line will remain and be maintained using best management and farming practices..." confirms that the vegetation will remain along the fence lines. It should be noted that Carmeuse intends to continue to allow farming activities on the tracts that surround the quarries and we anticipate that the fields that currently exist will continue to be used for farming purposes. You need to know that we plan to continue with our discussions with our neighbors, and as a result there may be other edits to the revised Proffers. Nevertheless, given the fact that we are getting a little close to the Planning Commission meeting we wanted to send this information to you so that Frederick County would have an opportunity to review and comment on this latest version. Finally, we have changed the date of this submittal to reflect today's date. We will also see that the Generalized Development Plan will bear the same date of January 31, 2018. We thank Planning Staff and the Planning Commission for their assistance and cooperation in this matter. As always, if you have any questions, please do not hesitate to contact me. .ly youfsj Poreawson TML:jk Enclosures cc: O -N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 THOMAS MOORE LAWSON • TLAWSON(&..LSPLC.COM January 31, 2018 Michael T. Ruddy, AICP, Director Candice Perkins, AICP, CZA, Assistant Director Planning and Development County of Frederick 107 North Kent Street, 2°d Floor Winchester, VA 22601 VIA E-MAIL Dear Candice and Gentlemen: Roderick B. Williams, Esquire Frederick County Attorney 107 North Kent Street Winchester, VA 22601 Re: O -N Minerals (Chemstone) Company Our File No. 462.006 I am in receipt of Candice's e-mail of January 24"' stating in part that the information previously provided "...does not provide adequate information to determine if the rezoning proffers have been satisfied." To refresh everyone's memory, the proffer language requires that Carmeuse "...contact all citizens who have property within 1,500 feet of the boundaries of parcel 23 and parcel 109, and monitor the tax rolls of Frederick County on an annual basis in order to contact any citizens who have recently purchased the aforementioned property... contact will be made by registered return -receipt letters, mailed annually..." Carmeuse has confirmed through my correspondence of December 12, 2017 that the letters were sent and have continued to be sent with updates on an annual basis if the properties change hands so that new owners are made aware of the opportunity to have pre -blast surveys and well surveys conducted. In response to your questions about performance of this obligation, I have spoken with the gentleman at Carmeuse who has been responsible for these letters during this entire period of time to confirm that he has made this contact. He has confirmed the same. You have asked for copies of the certified letters, and he advised that he does not have the letters because they were mailed. Carineuse has also confirmed that it has exceeded the requirements of the proffers by advising that its willingness to conduct the survey process has not been limited to the aforementioned mailings. Indeed, there have been some occasions where neighbors who were previously contacted about the availability of the surveys but declined have made a request of Carmeuse years later for the surveys. Carmeuse confirms that in those cases, surveys were also conducted. For your file, I enclose additional information which includes some of the certified mail cards (I have been advised that over time Carmeuse has not retained all of the certified mail FRONT ROYAL ADDRESS: P.O. BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540)635-9415 • FACSIMILE: (540)635-9421 • E-MAIL: JSILEKtaa LAWSONA"SILEK.COM Michael T. Ruddy, AICP, Director, et al. January 31, 2018 Page 2 cards, but they confirmed that the correspondence has been sent) and additional information related to contacting the neighbors. Thank you for your attention to these matters. If after reviewing this and prior correspondence you have further questions, please do not hesitate to contact me. yours, looreawson TML:jk Enclosures cc: O -N Minerals (Chemstone) Company d/b/a Canneuse Lime & Stone December 20, 2017 Anthony and Jada Trocchia 180 Newell Drive Middletown, VA 22645 P.I.N. 83-A-103 Dear Anthony Trocchia , Middletown Virginia Operation Your property has been identified to be within 1,500 feet of the Carmeuse Lime and Stone property parcels 83-A-109 or 90-A-23. Based on this designation and under County Rule, you are entitled (at no cost to you) to a pre -blast survey of your property and you are entitled (at no cost to you) to a water well monitoring survey. Should you wish to have one or both surveys, please mark the appropriate boxes on the attached form and complete your contact information. Please return this form in the envelope provided. Should you request one or both surveys, a representative of an independent firm will be contacting you to schedule a mutually agreeable time for representatives of the firm to visit your residence. A pre -blast survey will be completed by an independent firm that will complete inspections of your property including the inside of those buildings located on the property. A water well monitoring survey will be completed by an independent firm and will include inspection of the well and associated water from that well. This may require entrance to the property buildings. Foregoing either of these surveys at this time will not eliminate the possibility of having the survey completed at a future time during mining operations on parcels 83-A-109 or 90-A-23. This notice will be sent to new property owners on an annual basis while mining occurs on either of these two parcels. If you have any questions, please feel free to contact Carmeuse Lime and Stone Middletown Plant at 540-869-1066. Carmeuse Lime and Stone places a high value upon being a good citizen and a good neighbor. While we do not expect our mining operations to have any adverse impact upon your property, we want to provide you with an opportunity to gain assurance that this is the case. Notably, Carmeuse Lime and Stone provides many benefits to the local economy through employment, taxes and business for third party contractors. If you have any questions, please feel free to contact Carmeuse Lime and Stone Middletown Plant at 540-869-1066. Ian Karkaria Carmeuse Lime & Stone 351 McCune Road Middletown, Virginia 22645 • Tel (540) 869-1066 • Fax: (540) 869-7509 • wmv.carmeuse na.com Middletown Virginia Operation December 20, 2017 Kian Banks 261 Marsh Brook Lane Middletown, VA 22645 P.I.N. 84-A-7 Dear Kian Banks , Your property has been identified to be within 1,500 feet of the Carmeuse Lime and Stone property parcels 83-A-109 or 90-A-23. Based on this designation and under County Rule, you are entitled (at no cost to you) to a pre -blast survey of your property and you are entitled (at no cost to you) to a water well monitoring survey. Should you wish to have one or both surveys, please mark the appropriate boxes on the attached form and complete your contact information. Please return this form in the envelope provided. Should you request one or both surveys, a representative of an independent firm will be contacting you to schedule a mutually agreeable time for representatives of the firm to visit your residence. A pre -blast survey will be completed by an independent firm that will complete inspections of your property including the inside of those buildings located on the property. A water well monitoring survey will be completed by an independent firm and will include inspection of the well and associated water from that well. This may require entrance to the property buildings. Foregoing either of these surveys at this time will not eliminate the possibility of having the survey completed at a future time during mining operations on parcels 83-A-109 or 90-A-23. This notice will be sent to new property owners on an annual basis while mining occurs on either of these two parcels. If you have any questions, please feel free to contact Carmeuse Lime and Stone Middletown Plant at 540-869-1066. Carmeuse Lime and Stone places a high value upon being a good citizen and a good neighbor. While we do not expect our mining operations to have any adverse impact upon your property, we want to provide you with an opportunity to gain assurance that this is the case. Notably, Carmeuse Lime and Stone provides many benefits to the local economy through employment, taxes and business for third party contractors. If you have any questions, please feel free to contact Carmeuse Lime and Stone Middletown Plant at 540-869-1066. R7peIly, f�(�--,------------ Ian Karkaria Carmeuse Lime 8 Stone 351 McCune Road • Middletown, Virginia 22645 • Tel: (540) 869-1066 • Fax: (540) 869-7509 • www carmeusena.com . Middletown Virginia Operation December 20, 2017 Gary and Lisa Hensley 161 Newell Drive Middletown, VA 22645 P.I.N. 83 -A -104C Dear Gary Hensley, Your property has been identified to be within 1,500 feet of the Carmeuse Lime and Stone property parcels 83-A-109 or 90-A-23. Based on this designation and under County Rule, you are entitled (at no cost to you) to a pre -blast survey of your property and you are entitled (at no cost to you) to a water well monitoring survey. Should you wish to have one or both surveys, please mark the appropriate boxes on the attached form and complete your contact information. Please return this form in the envelope provided. Should you request one or both surveys, a representative of an independent firm will be contacting you to schedule a mutually agreeable time for representatives of the firm to visit your residence. A pre -blast survey will be completed by an independent firm that will complete inspections of your property including the inside of those buildings located on the property. A water well monitoring survey will be completed by an independent firm and will include inspection of the well and associated water from that well. This may require entrance to the property buildings. Foregoing either of these surveys at this time will not eliminate the possibility of having the survey completed at a future time during mining operations on parcels 83-A-109 or 90-A-23. This notice will be sent to new property owners on an annual basis while mining occurs on either of these two parcels. If you have any questions, please feel free to contact Carmeuse Lime and Stone Middletown Plant at 540-869-1066. Carmeuse Lime and Stone places a high value upon being a good citizen and a good neighbor. While we do not expect our mining operations to have any adverse impact upon your property, we want to provide you with an opportunity to gain assurance that this is the case. Notably, Carmeuse Lime and Stone provides many benefits to the local economy through employment, taxes and business for third party contractors. If you have any questions, please feel free to contact Carmeuse Lime and Stone Middletown Plant at 540-869-1066. Respectfully.",'/ Z Ian Karkaria Carmeuse Lime & Stone • 351 McCune Road - Middletown. Virginia 22645 • Tet, (540) 869-1066 • Fax: (540) 863-7509 • www.carmeusena.com W Complete items 7, 2, and 3.+ 4A; -Signature Iw Print your name and address on the reVt i t :` „,/ ❑ Agent so that we can return the card to you. 0 Address( 10 Attach this card to the back of the mailpiece, `Received by ,Printed lVarnel C. Dat of Det ee _or on the front if space permits. K ,4 t4 K S 1. Article Addressed to: D. Is delivery address different from Item 19 Y ' A il,'/� r It YES, enter delivery address below: p No 3. Service 9 I� loll1 I1111I Ill ILIII 111 I ii II Type pp Signature Mailt D Adult Signature Restricted Delivery ❑ PriorityReeggserod MlRestric eD Certified Man( Dyry 9590 9402 3386 7227 7881 99 D Certified Man Restricted Dellvery D Return Receipt for D collect on Delivery Merchandise 2. Article Number (transfer from service label) 0 Collect on Delivery Restricted Delivery D Signature Confirmation ?011 7 0 3 141—' 2336 D Insured Insured Mail I O Signature Confirmation ion D Insured Mail Restricted Delivery Restricted Delivery 00) P5 Form 3811, July 2015 PSN 7530-02-0 Domestic Return Receif' r~ r— ru frl C'1!l(�at-FTTiJ1,('. �Postajs 5f' ' _ M Gerfttled Fee ED Return Receipt Fee • . - Postmark O (Endorsement Roqulred) I , C' ! Hors QRestrictedDeGveryFoe - (Restricted Required) 17- Ali, ._. _.. ._. 0 To' tat Postage &Fess `9 16.�1; r-� lit o r -i StreeiApt' No.f---------------•-----•-----------......----.-._.--•-----------•--•--.-- r` or PC Box No. _.------..^ ...................... City, Sta1o, 2lA+<--••-••• ............................... t, i t U_ m�orjict��.'uCtlt�°c.t+e int '= a`'a riJx.tr<.rl't+rlT:xi;:Yri�l_.fr:i.-i. M M ED 0 0 O It O r1 I r -i Cl rt FA Complete items 1, 2, and 3. ra Print your name and address on the reverse so that we can return the card to you. €r Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: M Q, (-,4OL VA '?'� C/f ure Agent Addresse B. R ved by (Printed Name) + C. Date, of Del' er !� TfROC 2 D. Is delivery address different from item 11 Yes If YES, enter delivery address below: ❑ No Middletown Virginia Operation Yes, I would like to receive a pre -blast survey of my property. es, I would like to receive a water well monitoring survey. Contact InQrmation: j Name: ,� 4 An-f-hony 1 V o u h t �_Z_ Address (if different than that shown in the letter): Phone #: ` Ole 3. Servile Type 0 Priority Mall Expresso II9 III 11 i1 ISIIIII 1111,11111 I1884�'�3�411 QII 0 Adult Signature 0 Reglstored Mall - 0 Adult Signature Restricted Delivery 0 certified Mall® 0 Registered Mall Restric 9590 9402 3386 7227 0 Certitled Mail Restricted Delivery Delivery 0 Return Receipt for 0 collect on Delivery Merchandise r'k-n 7D11 0470 0003 1413 2329 0 collect on Delivery Restdcted Delivery 0 Signature confirmation' 'ured Mall 0 Signature confirmation -- surd Mail Restricted Delivery Restricted Delivery ver $500) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Middletown Virginia Operation Yes, I would like to receive a pre -blast survey of my property. es, I would like to receive a water well monitoring survey. Contact InQrmation: j Name: ,� 4 An-f-hony 1 V o u h t �_Z_ Address (if different than that shown in the letter): Phone #: ` Ole I7J ,#r-1 f3�4�)) 7A.7t�+.",,Y' '.xTM.zY :LIIJ.,Lla,v��`�+41L[Sr��lltd�}r`4AA `"r�„� a La1CA�n tilutil�t ]sjlil R1A w I�iii i 5,, + ru rri � Po4A- _ M Centiind Fee p Postmark C3 Return Receipt Fee - - - Here p (Endorsement Required)l,i Restricted Dellvery Fee ` ` - C� (Endorsement Repuirod) F- 1. _,:I- p Total Postage & Fees $1 _. ^' r-a Sen! To p----------- _................_.___._._-_._..___.__--_-..-_.__.,._______ or PO box No, CiN. Stafo, ZIP+4 `J Middletown Virginia Operation CARMEUSE f:Pl Ciao-: C!.B: Y'=cS Yes, I would like to receive a pre -blast survey of my property. IV INYes, I would like to receive a water well monitoring survey. Contact Information.- Name:��P CSC' l C i A Q Address (if different than that shown in the letter): Phone #: S 40 '�&c� Q)I 31aoi K J Middletown Virginia Operation CA1iEUSE Yes, I would like to receive a pre -blast survey of my property. Yes, I would like to receive a water well monitoring survey. Contact Information: Name: > i (Ic u"i J a �.' ! �� 5. ; 1 Address (if different than that shown in the letter): Phone #: 6C� 5 Middletown Virginia Operation CA MEUSE fff (; Yes, I would like to receive ajpre-blast survey of my property. L❑1 Yes, I would like to receive a water well monitoring survey. Contact Information: Name: i� G7�G�,d A4i7' a Address (if different than that shown in the letter): Phone #: Middletown Virginia Operation CARMEUSE 12 Yes, I would like to receive a pre -blast survey of my property. `'/ s, I would like to receive a water well monitoring survey. Contact Information: Name,- Address ame: Address (if different than that shown in the letter): Phone #: _ i5 ()— 1�(q.' I ` —� Middletown Virginia Operation CANIEUSE ,X'Yes, I would like to receive a pre -blast survey of my property. es, I would like to receive a water well monitoring survey. XY� . i Contact Information: Name: Address (if different than that shown in the letter): _Zig L Phone F6 < J�0 ZCl !iddletown �/irginia Operation -ARMt'USF, jl Yes, I would like to receive a pre -blast survey of my property. Yes, I would like to receive a water well monitoring survey. \� ,ontact Information: name: � 1� �, � 1, f14� � • � 1 ' re �i SSfi 11 �� Mdress (if different than that shown in the letter): 'hone it: Middletown Virginia Operation I CARMEUSE X� Yes, I would like to receive a pre -blast survey of my property. F\�V Yes, I would like to receive a water well monitoring survey. Contact Information: Name: Address (if different than that shown in the letter): Phone #: S—q 0 :9�c� - :;-g o 9 =\ ( V if dClifh(pWil ��it tlii,i;1 �1i1^f%i 1,ig1} CARMCUSE--- _. Yes, I would like to receive a pre -blast sur\ >y illy ,,;,,1„ , iy. Yes, I would like to receive a water well mumf,„Ir,,., Contact Information: Name: Address (if different than that shown in the letter) // i"g 34 <!�;z r'o S /-�{'U qL A rnz, Y MX� _.p...._ To :A 2A llliiddletown �/iryinia Operation F JYes, 1 would like to receive a pre -blast survey of my property. F7 Yes, I would like to receive a water well monitoring survey, IL\j Contact Information: Name: E-7�'4i 5� Address (if different than that shown in the letter).- Phone etter):Phone #: _ `7 �� �L3 C c� r SMiddletown Virginia Operation CARMEUSE _ Yes, would like to receive a pre -blast survey of my property, u es, I would like to receive a water well monitoring survey. Contact Information: (�,r Name: 1 �� 5 �J1� —1 n� amy Address (if different than that shown in the letter): Phone #: 5-0- aoq-(&O�yj {�tirl,llol,r�•rrt lf' CARMEUSE FV Lnd Yes, I would like to receive a prr­i,i;r• i !rnrr,,y ;-)f my pl, p", I; Yes, I would like to receive a wales wall rnollit,,riijg sl,, „,,y Contact Informations Name: �.Oyrc�xti Al J Address (if different than that shown if i up-" Phone #: `O CARMEUSE Zes, I would like to rece�ivr <, I Ir I,I:r:i l;i11V(.•:y (Ai IIly pi,q P -'des, I would like to receive, \,v.iir ,r,,r It 111,mik011,i Contact Information: Name: Jo A") I,\ i_( , , , I , , ' i Address (if different than that slit)wil 'n ill,: Ir:,llrr). Phone #: v (' Middletown Virginia Operation 'r WILISE ----- —' Yes, I would like to receive a pre -blast survey of my property. jYes, I would like to receive a water well monitoring survey. :'•ontact Information.- n \lame: _ 7 ;EV E / '' l I L L E F, address (if different than that shown in the letter): 'hone 2�CjJ Middletown Virginia Operation CARMEUSE NAP,R , CiErUCM.S PYes, I would like to receive a pre -blast survey of my property P -Yes, I would like to receive a water well monitoring survey. Contact Information: Name: Le -c, _�30z,uSer Address (if different than that shown in the letter): n vA ZZ�4S Phone#: _5' 0 - ko%g I Middletown `�i:r.lirtia ��t>s>rnrlun CARMEUSE ---- __ QYes, I would like to receive a pre -blast survey cr r„y s, I would like to receive a water well monis �ri Erye nr i sulvc;,, Contact Information: Name: Address (if different than that shown in the letter) Phone #: SMiddletown Vituillip.�pora (ij „ CARNEUSE FJAIi!RIL 1 1F6�dCra.:, r1--� Yes, I would like to receive a pre -blast survey €,,,y I„L,i„,rty. XYes, I would like to receive a water well Contact Information D zr'/ Name: Address (if different than that shown in the letter). Phone #: Middletown Virginia Operation CARMELISE l XI Yes, I would like to receive a pre -blast survey of my property 1. .�J Yes, I would like to receive a water well monitoring survey. Contact Information: Name: _1 y Address (if different than that shown in the letter): ('hone #: S`J() 1 7 �L 07 y d Middletown Virginia Operation `.ARM USE Yes, I would like to receive a pre -blast survey of my property Yes, I would like to receive a water well monitoring survey. Contact Information: (� Name: t/�r�►�i 5 I X)�t.<" Address (if different than that shown in the letter): < Phone #: SMiddletown NEi cii!ii:i 0il:r:t1.i<+t ARNEUSE_�_...._...u__._.....__._.. . Yes, I would like to receive a pre -blast survi-'y f!w pr()ilnj;y es, I would like to receive a water well monilof it iij a if v(ty Contact Information: Name: A r) rltr Cc"+ rr Address (if different than that shown in the letter). Phone #: 540-- �s CARMEUSE _...._. _ .. - !.PdUGL UR.: +'( Al {�i%irtcUcstc,wn virgiriia O'i)"!. Yes, I would like to receive a tt!rvc;y of Illy pruI. , 1 Yes, I would like to receive a wsail" r viell monitoring survc V Contact Information: Name: Address (if different than that shown in ii!t, Phone #: i - Middletown Virginia Operation 41 is -- Yes, I would like to receive a pre -blast survey of my property. lYes, I would like to receive a water well monitoring survey. ,tact Information: +I Liss (if different than that shown in the letter): ane #: 6 — Middletown Virginia Operation t Yproperty. t9Yes, I would like to receive a pre -blast survey of m Yes, I would like to receive a water well monitoring survey. t� Contact Information. S. Sellards J. Rapa Name: 241 wP fAr.,vio w 9, . MiddAddress (if different than that shown lin theoletter) A 22645 Phone #:_s Y, e � — � 3 4 t Middletown Vircdinia Operation, CARMEUSE ---- --- _ _ -1-14; MXAUS F-171 Yes, I would like to receive a pre -blast survey of my property. R1Yes, I would like to receive a water well monitoring survey. Contact Information: Name: d$�T`�_���� Address (if different than that shown in the letter): Phone #: 7 Y' Middletown Virginia Operation CARMEUSE NAMP-1 ',"H°IOIULS E'es, I would like to receive a pre -blast survey of my property. L --I F_ZJs, I would like to receive a water well monitoring survey. Contact Information: Name: t20 -A Q ; C ! Address (if different than that shown in the letter): I `f76 Phone #: J'L2 i�iddietown Virginia operation Yes, I would like to receive a pre -blast survey of my property. ('�_q Yes, I would like to receive a water well monitoring survey. Contact Information: Name: '! �l_& e—L Address (if different than that shown in the letter): Phone #: hyo -- Z -1n 30 g9, Middletown Virginia Operation t`(IRMEUSE �_- diIS It Cil.".�.aC A(., Yes, I would like to receive a pre -blast survey of my property. Yes, I would like to receive a water well monitoring survey. Contact Information: Name.- Address ame: Address (if different than that shown in the letter): Phone f#: 5-1-C IV, i f[«ici-? ,fl �liryirti? r3i. CARMELISE NA11,'7,:A (:HF%Vt All. Yes, I would like to receive a fr,.! I:? ;I ; flV(T of niy i:,fop'—'!. Yes, I would like to receive a av-sic- :,.ii fn.�fiitorint.) :1_11v .; Contact Information: Nam Address (if different than that shown in ;Ill Phone #: -7Z i Mlddleto,vn Viet irnin ")f,,?s;jjlvjl CARMEUSE --- - --- ® Yes, I would like to receive a pre -blast survey of n1v prr)per ft',, DYes, I would like to receive a water well moniloi nt, lirvey. Contact Information: Name:— Address (if different than that shown in the letter): Phone #:Sqv 3 2S6 1 — _ yS__ Middletown Virginia Operation CANCUSE '._..___ L>AC,;L', I Yes, I would like to receive a pre -blast survey of my property. LYes, I would like to receive a water well monitoring survey. Contact information: j \ Name: Address (if different than that shown in the letter): __D W. SlernVievJ Phone #; Middletown Virginia Operation CARMOSE --- r Yes, I would like to receive a pre -blast survey of my property. Yes, I would like to receive a water well monitoring survey. Contact!n tion: Narne: "/ ' Address (if different than that shown in the letter): �SAit> e Phone #: J'y507 — ",? -- aS'9`1 CARM(USE Yes, I would like to receive a pre-Ijlasl y , , I .) ..rl.y. Yes, I would like to receive a water well 11101 Outirty ;,,.u,ey Contact Information: I Name:_AE'1Ytr>ly_- Address Hf -different -than that shown if the letter) Phone #: �� li't t`. i<i!r•�r��.�r11 147 CARMEUSE Yes, I would like to receivice ri 1_11!., Yes, I would like to receive a wat' •i n >niluf it ';l if "n2 Contact Information. Name: -Ta m e -s % Address (if different than that stu - n ii; 11 r,. Phone#: BELLE GROVE PLANTATION Eli--aberh \4cCluncy Executive Director P.O. Box 51337 - NUddlao-n, V.A 22645 540-869-2023 - =ax: 54C-..-69-96)8 - email. TVA.4b 2 T. vi ;a 1!q C. 4-1 0 r 10 Mr. Jim Bottom Carmeuse Lime and Stone Strasburg, Va. 22657 Dear Sir: With reference to your most recent letter, this is my second response. I live within 1500 feet of the property mentioned. I do not have a well, but I would like a pre -blast survey of both properties involved. That is 420 Belle Grove Road, my residence and the 55 acres of Battlefield which is within 1500 feet of your property. My deceased husband and I have worked with Spencer Stinson, previously. We were both in favor of the approval of the re -zoning of your properties. We wrote letters to the Frederick County Board of Supervisors. I would appreciate your stopping in to see me, I would like to meet you and discuss the above, Yours very truly, xrp- 9 6. Mildred G. Brumback MiddletownVirginia operation of rny C>?pn1EU5� property. <r}� yes, 1 would like to receive a p re -blast survey —; yes I would like to receive a Nater well monitoring survey Ccn:act u j? el t NIar�e: =, t hown in the 1e!terY address 0, dir1eror, than t,.a, s LAWSON AND SILEK9 P.L.C. 120 EXETER DRwE, SUITE 200 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 September 25, 2017 Michael T. Ruddy, AICP, Director Mark Cheran, Zoning and Subdivision Administrator Candice Perkins, AICP, CZA, Assistant Director Planning and Development County of Frederick 107 North Kent Street, 2nd Floor Winchester, VA 22601 Re: VIA HAND -DELIVERY Dear Candice and Gentlemen: SEP 2 5 2017 IJ L FREDERICK COUNTY Of AR11,1- ...— - THOMAS Roderick B. Williams, Esquire Frederick County Attorney 107 North Kent Street Winchester, VA 22601 O -N Minerals (Chemstone) Company Our File No. 462.006 Enclosed please find a redlined copy of the Amended Proffers for the above -referenced rezoning, the original, executed Amended Proffers and the rezoning application fee of $10,000.00. The redlined revisions address comments received from both the Planning Department and the County Attorney. We have also made one recent change regarding the access road to one of the cemeteries located on Carmeuse's property at the request of a neighbor. Carmeuse is willing to build a new access road to the cemetery currently accessed from Route 625 if a new access road is approved with these Amended Proffers and subject to VDOT approval. Thank you for your continued assistance and cooperation. If you have any questions, please do not hesitate to contact me. Very Thomas TML Jk Enclosures cc: O -N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone FRONT ROYAL ADDRESS: POST OFFICE Box 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSRHH.E: (540) 635-9421, E-MAIL: JSB.EK®LAWSONANDSILEK.COM Candice Perkins From: Rod Williams Sent: Monday, June 26, 2017 12:42 PM To: Thomas Moore Lawson, Esq. Cc: Candice Perkins Subject: Re: Carmeuse Middletown rezoning Ty, I have now reviewed the revised proffer statement, dated February 24, 2017, and have the following comments, tracked to correspond to the comments in my original letter dated February 24, 2017: 1. Rezoning Number and Date - The revised proffer statement fails to address this comment. 2. Acreage being rezoned - I note the submission of the Exhibit 1 Amended GDP, which has a line purporting to indicate, per the legend, "Proposed Zoning Boundary", but the document is not capable of allowing for confirmation that this actually corresponds with the 394.2 acres to be applied for in the proposed rezoning. Also, staff should be aware that, as the proposed rezoning is currently contemplated, two different sets of proffers will apply, one to one area of the Middletown quarry and one to another area of the Middletown quarry, such that some activities could take place outside the area subject to the proposed rezoning without therefore being subject to the proffers currently being reviewed. 3. "Applicant"/"Owner" - Comment resolved. 4. Preliminary paragraphs - Regarding the GDP, I note that it is curiously dated April 28, 2017, a full two months after the February 24 date of the revised proffer statement. It is unclear how the revised proffer statement could meaningfully refer to a document that did not exist at the time of its development. 5. Proffer 2.2 (landscaping/berms) - The proffer is still not sufficiently definite, especially as to berm heights and also as to the "reasonable approval" of the Zoning Administrator. Also, staff should be aware that the applicant's ability to comply is contingent in the applicant's rights on land it leases but does not own. 6.-16. Staff will need to confirm compliance as to those items noted as completed or ongoing. Also, as to the other comments in my February 24 letter, I do not repeat them here, in recognition of the 2008 approval of the proffers on which the comments were based. Staff should also be aware that, since the previous review, the applicant has proposed elimination of the phasing provisions; this includes the provision that no mining will take place north of Chapel Road for 20 years. 17. This was a note for staff, which remains valid, but is not repeated here. 18. Public hearing requirement - I reiterate the previous comment that that nature of the proffer amendments is such that a public hearing is appropriate. Along these lines, I note that a public hearing waiver under Virginia Code Sec. 15.2-2302 and County Code Sec. 165-102.06 is only discretionary. 19. Signature - The proffer statement is signed by a "Site Production Manager". We will need further evidence that a "Site Production Manager" has authority to sign the proffers. Subject to the above comments, the proffer statement would be in a legally acceptable form. :e COUNTY tvf FREDERICK wi B X fl, VVr3 4, fas .$ie �� uF :: February 24, 2017 VIA E-MML — tlawsonti►',sii1c.com — AND REGULAR MAIL Thomas Moore Lawson, Esq. Lawson and Silek, P.L.C. P.O. Box 2740 Winchester, Virginia 22604 Re: Rezoning Application — O -N Minerals (Chemstone) Corporation ("Chemstone"), Tax Parcels 83-A-109 and 90-A-23, consisting of 394.2± acres — Proffer Statement dated January 24, 2017 Dear Ty: You have submitted to Frederick County for review the above -referenced proposed proffer statement (the "Proffer Statement") for the proposed rezoning of the indicated property (the "Property") in the Back Creek Magisterial District from the EM (Extractive Manufacturing) Zoning District, with proffers, to the EM (Extractive Manufacturing) Zoning District, with revised proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would only be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would only be legally sufficient as a proffer statement, subject to the following comments: 1. Rezoning Number and Date — The Proffer Statement currently identifies the rezoning as RZ# 03-06. This reference should be to whatever number is assigned to the new rezoning application, as a rezoning to amend proffers from a previous rezoning is ultimately a new rezoning. Along related lines, the word "amended" should be deleted in the title and "original date" of proffers is really the January 24, 2017 date. 2. Acreage being rezoned — The acreage to be rezoned, as shown on Exhibit 1 to the Proffer Statement, appears to correspond directly with what the County's GIS system identifies as the entirety of tax parcel 83-A-109, being comprised of 539.45 acres. The measuring tool on Thomas Moore Lawson, Esq. February 24, 2017 Page 2 the GIS system confirms a similar size for the parcel. This is also generally consisteni with the size indicated in the deed and plat appearing in the land records in Deed Book 620, at Page 186. Accordingly, this raises a question as to the identification of the acreage size in the Proffer Statement and in the application and also as to whether tax parcel 90-A-23 is properly part of the rezoning. To the extent that the proposed rezoning area is in fact other than the entirety of a ;parcel, the Proffer Statement and the application would need to include a metes and bounds plat. 3. "Applicant"/"Owner" -- Consistent with a more recent best practice that the County is following for proffer statements, the references in the Proffer :statement to the "Applicant" should be to the "Owacr" 4. Preliminary paragraphs — The second paragraph mares reference to an amended Generalized Development Plan ("GDP"), but no GDP document was attached to the document submitted to this Office. Review of the materials by this Office is therefore not complete until submission of that document. S. Proffer 2.2 (landscaping/bernis) — The proffer is not sufficiently definite. Specifically, the proffer gives no details regarding what particular "combination of landscaping, earthen berms, and fencing" Chemstone would install in the indicated locations. Likewise, the timing of the installation — "shortly before or contemporaneous with mining operations" — is not clear and could conceivably fall into a period extending over any number of years. I also note that Chemstone may not have the absolute ability to fulfill the commitment regarding Berm A on tax parcel 90-A-2, as the recorded memorandum of lease, appearing i1 the land records in Deed. Book 864, at Page 1621, lists at least one condition for termination of the lease, at the option of the lessor, that could occur prior to the expiration of the 99 -year period. e. Proffer 2.3 (overburden pile) — This proffer has a commitment with a time period providing for satisfaction within five years from the 2008 rezoning of the Property. Has the commitment been satisfied? 7. Proffer 3.1 (historic reserve) — If the rezoning is not to include the 8 --acre historic reserve, then a metes and bounds description of the historic reserve is necessary for inclusion with the Proffer Statement. Regarding the Declaration of Covenants, etc., attached as Exhibit 2 to Proffer Statement, in that it purports to convey the actual interest in the subject property to the Cedar Creek Battlefield Foundation, the deed should also be identified in its title and initial paragraph as being a deed of gift. In addition, the deed should perhaps state the terms of the right of first refusal (e.g., that Chemstone could purchase the property for $1 more than the consideration for any proposed transfer). As well, the deed still needs attachment of the plat specifically identifying the subject property. Thomas Moore Lawson, -sq. February 24, 2017 Page 3 8. Proffer 3.2 (historic survey) — A review of the Virginia Department of Historic Resources website indicates that a more recent version of the referenced guidelines document is available at dhr.virginia.gov/pdf files/Survey%20Manual-RevOct.2011Final.pdf. This version would therefore be more appropriate for inclusion in the Proffer Statement. 9. Proffers 4.1 (water supply) and 10.1 (reclamation) — These proffers do not actually state obligations beyond whatever Carmeuse and FCSA have agreed to. With particular respect to Proffer 4. 1, for clarity, it might best state that FCSA's water rights shall be at least at the level that any current agreement calls for. 10. Proffer 5.1 (ground water) — The proffer appears to contain contradictory language regarding the number of wells to be installed. In one instance it states a minimum of three wells within 500 feet of the parcel's boundaries and in another instance it states a minimum of one well so located. 11. Proffer 7.1 (blasting) — The proffer indicates that an example of the current blasting plan is attached, but none is. Attachment of a currently approved blasting plan would be helpful. 12. Proffer 8.1 (traffic) — Staff should be aware that, due the number of circumstances under which Carmeuse could exceed the cap of 86 truckloads per day, the cap is effectively the alternative cap of VO truckloads per day. 13. Proffer 9.2 (well monitoring) — With respect to the well guarantee agreement attached as Exhibits 4A and 4B, at least one page of the documents is missing. Also, the agreement contains an apparent inconsistency between stating that an owner is to notify Chemstone of any degradation in water quality and the fact that Chemstone only agrees to compensate for damages if the owner experiences reduction of water supply or well depletion. 14. Proffer 9.3 (insurance) — The provision regarding adjustment to the amount of insurance coverage is not sufficiently definite ("the Applicant and Frederick County shall reach agreement''). Perhaps this provision should at least contain an already agreed upon cap on increases, but with an allowance for further increases, perhaps upon a finding by an agreed upon third party. 15. Proffer 12.1 (lighting) — Staff should be aware that, in recognition of the many allowances for lighting, in particular lighting on any devises used for mining operations, the limitation may not be that extensive, although it does prohibit spillover onto adjacent properties. 16. Proffer 14.2 (environment) — This proffer, which pertains to other properties, might not be practical if another entity owned such properties. Thomas Moore Lawson, Esq. February 24, 2017 Page 4 17. Staff should be aware generally that various requirements the Proffer Statement references that are requirements of the Virginia Department of Mines, Minerals and Energy accordingly do not necessarily state additional obligations of the proffers. 18. Public hearing requirement — The scope of the requested revisions to the proffers from the 2008 rezoning of the Property and the potential for impact to adjoining properties suggests that the proposed rezoning would affect conditions of use of the Property and therefore the revisions do not qualify for a public hearing waiver under Va. Code § 15.2-2302(B). I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that review will be done by staff and the Planning Commission. Sincerely yours, Roderick B.'lliams County Attorney cc: Candice E. Perkins, Assistant Director of Planning and Development Candice Perkins From: Thomas Moore Lawson, Esq. <tlawson@LSPLC.COM> Sent: Wednesday, June 21, 2017 10:36 AM To: Candice Perkins; Mike Ruddy; Mark Cheran Subject: Carme ise Attachments: Amended Proffer Statement 2017 -RED with 6.5.17 submission date.pdf Candice and Gentlemen: Attached is the Amended Proffer Statement bearing the date of June 5 as the last revision which is the date following our meeting where we agreed it would be best to show the Planning Commission and Board of Supervisors the progress on the items spelled out in the original proffer statement and also to show the requested amendments to allow for the lower berms and to delay the installation of the berms to some point in the future. I understand from our meeting of last week that you believe this is not in the nature of a minor proffer amendment and will need to be presented to both Planning Commission and Board of Supervisors. As I told you we are ok with this and frankly my thinking all along was that is the reason why we are amending the proffer statement in the manner set forth above. Please let me know what amendments need to be made to our application and also let me know if we should give you additional funds to pay for the increased filing fee or if you would like me to collect the filing fee we gave you from your office and deliver a check for the entire new amount. As you know, we would like to move forward at the earliest availability of both Planning Commission and Board of Supervisors. Thanks for all of your help. Ty Thomas Moore Lawson, Esquire Lawson and Silek, P.L.C. P.O. Box 2740 Winchester, VA 22604 Ph: 540-665-0050 Fax: 540-722-4051 Email: tlawson(a)Isplc.com The information contained in this message is information intended only for the use of individual or entity named above, and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address. LAWS®N AND SILLK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 Fmsmim (540) 7224051 June 5, 2017 Michael T. Ruddy, AICP, Director Mark Cheran, Zoning and Subdivision Administrator Candice Perkins, AICP, CZA, Assistant Director Planning and Development County of Frederick 107 North Kent Street, 2nd Floor Winchester, VA 22601 VIA HAND -DELIVERY Dear Candice and Gentlemen: 1 14 II JOU ` 2017 IJ -11 THOMAS MOORE LAWSON • TLAWSONALSPLC.COM Re: O -N Minerals (Chemstone) Company Our File No. 462.006 REZ #03-06 Enclosed please find a redlined copy of the Amended Proffers for the above -referenced rezoning, the original, executed Amended Proffers and the rezoning application fee of $1,000.00. The redlined revisions address comments received from both the Planning Department and the County Attorney. The Planning Department already has the original signed Rezoning Application in its file. We have not included the Power of Attorney because the property owner has executed the rezoning application and Amended Proffers. Thank you for your continued assistance and cooperation. If you have any questions, please do not hesitate to contact me. Very t ly y rs, Thomas Moore Lawson TML.jk Enclosures cc: O -N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone Roderick B. Williams, Esquire, County Attorney FRONT ROYAL ADDRESS: POST OFFICE Box 602, FRONT ROYAL, VMGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: JSILEK@LAWSONANDSILEK.COM COUNTY of FREDERICK 5401665-5651 Fax: 5401665-6395 June 20, 2017 Mr. Thomas Moore Lawson Lawson and Silek, PLC P.O. Box 2740 Winchester, Virginia 22604 RE: Proposed Rezoning for O -N Minerals (Chemstone) Company Property Identification Numbers (PINs): 83-A-109 and 90-A-23 Dear Mr. Lawson: I have had the opportunity to review the draft rezonin (Chemstone) Company property.nerals g application for the O -N Rezoning #03-06 for 394.2 acres o land zoned EM (Ex on ra to amend the proffersl from Staff's review comments are listed below for your considerationlve Manufacturing) District. 1. Proffer Amendment. This proposed revision seeks to revise construction timeframes, archeological survey timing, removal of the phasing the removal of the viewshed Tans. berm heights, berm Proffer amendment. p These changes are not consistent with plans minor The fee provided with the package has been returned with this letter, the application fee for this rezoning is $10,000. 2. Proffer Date. Revise sheet 1 of the proffer statement to show consistent with page 2 of the statement. an April revision date, 3. Proffer 2 —Site Development. This revision removes all references (maximum of 30' — minimum of 10 to berm height landscaping be installed prior to thererement recommends com encementquof mining that the berms and including a reduced berm height range as well as a requirement berm be installed and landscaped before the commencementg operations. Staff y mining activities.the of an 4. Amended GDP. The typical berm details shown on the Amen enlarged — the text is illegible. Amended GDP need to be COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 February 1, 2017 Mr. Thomas Moore Lawson Lawson and Silek, PLC P.O. Box 2740 Winchester, Virginia 22604 RE: Proposed Rezoning for O -N Minerals (Chemstone) Company Property Identification Numbers (PINs): 83-A-109 and 90-A-23 Dear Mr. Lawson: I have had the opportunity to review the draft rezoning application (minor proffer amendment) for the O -N Minerals (Chemstone) Company property. This application seeks to amend the proffers from Rezoning #03-06 for 394.2 acres of land zoned EM (Extractive Manufacturing) District. Staff's review comments are listed below for your consideration. 1. Redline Copy. Provide an accurate redline copy of the proffers that show all changes — the submitted review copy includes numerous changes that are not in the approved 2006 proffer statement. Additional comments will be provided once an updated redline copy has been provided. 2. Proffer Amendment. This proposed revision seeks to revise berm heights, berm construction timeframes, archeological survey timing, removal of the phasing plans and the removal of the viewshed plans. These changes are not consistent with a minor proffer amendment. The application fee has been returned with this letter. 3. GDP and Exhibits. Provide copies of the "Amended GDP", the rezoning package was submitted with only Quarry Expansion Berm D (this is not a proffered exhibit) and exhibits 2, 3, 4B. Additional comments will be provided once an updated GDP has been provided. 4. Agency Comments. Please provide appropriate agency comments from the following agencies: the County Attorney. Page 2 Mr. Thomas Moore Lawson RE: O -N Minerals (Chemstone) Company February 1, 2017 5. Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. All of the above comments and reviewing agency comments should be appropriately addressed before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd LAWSON ANIS SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMH,E: (540) 7224051 January 24, 2017 Michael T. Ruddy, AICP, Director Mark Cheran, Zoning and Subdivision Administrator Planning and Development County of Frederick 107 North Kent Street, 2 Floor Winchester, VA 22601 VIA HAND -DELIVERY Dear Gentlemen: JAN 2 q 2017 THOMAS MOORE LAWSON • TLAWSON(d�LSPLC.COM T Re: O -N Minerals (Chemstone) Company Our File No. 462.006 REZ #03-06 Enclosed please find a rezoning application for the Carmeuse Middletown quarry along with Amended Proffers and the application fee in the amount of $1,000.00. Thank you for your continued assistance and cooperation. If you have any questions, please do not hesitate to contact me. Very yours, Lawson TML jk Enclosures cc: O -N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: JSILEK@LAWSONANDSILEK.COM