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HomeMy WebLinkAbout16-00 Comments (2)COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEMORANDUM To: Frederick County Board of Supervisors From: Amy M. Lohr, Planner Subject: Conditional Use Permit # 16-00 for James E. Smelser to Operate a Shale Mining Business with Sales Date: December 7, 2000 During your meeting of October 25, 2000, the above -referenced item was postponed indefinitely due to concerns raised by adjoining property owners. On December 6, 2000, the applicant and his son, Steve Smelser, met with staff, Supervisor Reyes, and adjoining property owner Michael Mullin. The purpose of this meeting was to examine the existing shale pit, determine where property lines are located, and explore the possibility of a compromise that both property owners were comfortable with. On site, there was no dispute as to the location of the property line shared by Mr. Smelser and Mr. Mullin. The said property owners agreed on a 200 -foot setback from the property line they jointly share. Doubling the setback provides the adjoining property owner with greater certainty that the shale operation will not adversely affect his property. Based on the agreement, staff has revised the conditions of the conditional use permit accordingly. Attached with the memorandum is the revised staff report and original CUP application materials. AML/ch Attachment U.IA iylCommoalBo rdMemoslsmelser_cup.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 Septeinber 29, 2000 County of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 Dear Ms. Lohr: Thank you for the Notice of Hearing on Conditional Use Permit #16-00 of James E. Smelser for a Shale Mining Operations and Sales. I am unable to attend this meeting due to distance,, and time constraints. I own property adjacent to this land, Property ID #21 -A -25-A, .85 acres, and I oppose this permit. I have had occasion to dismiss Mr. Smelser from MY property for taking shale off my land. I am also concerned about the environmental impact of his proposed permit. Have there been any EPA evaluations done on the proposed mine? Will this operation be totally fenced ire.? Please furnish this information. I feel that this permit would jeopardize the value of the property I own. If you are unable to furnish information regarding this, I will contact the appropriate agencies as well as my congressman about this matter. If my concerns are not addressed within two day of receiving this notice, I will be contacting all agencies and members of congress appropriate to this issue. Sincerely, —�4 i) Frederick R. Pettis PO Box 676 Homosassa Springs, FL 34447-0676 (352)621-1662 /cap RECEIVED OCT 0 3 2000 DEPT C7 'ENT October 25, 2000 County of Frederick Department of Planning and Development 1HPT, OF PLAN NiN!G/DEVELOPMENT 107 North Kent Street Winchester, VA 22601-5000 Dear Ms. Lohr: Thank you for the Notice of Hearing on Conditional Use Permit #16-00 of James E. Smelser for a Shale Mining Operations and Sales. I am unable to attend this meeting due to distance and time constraints. I own property adjacent to this land, Property ID #21 -A -25-A, .85 acres, and I oppose this permit. I feel that my concerns expressed in my last letter have not been addressed. I have been informed that Mr. Smelser has been timbering off MY LAND! He has shown no respect for other people's property, so what will prevent him from doing the same while mining? Your department is supposed to monitor his actions and prevent the destruction of the land and property values. I am in the process of contacting the government agencies concerning these matters. The EPA has strict standards which the county has to abide by in order to pass this permit. You would be doing a disservice to the community to allow this operation to continue. The property values will fall if this mining operation is allowed, guaranteed. I want to stand clear on this issue, I oppose this permit. I will contact the appropriate agencies as well as my congressman about this matter. Sincerely, A --4/ Frederick R. Pettis PO Box 676 Homosassa Springs, FL 34447-0676 (352)621-1662 /cap October 25, 2000 Frederick County Board of Supervisors Winchester, Virginia 22601 Dear Sirs, I am a resident and taxpayer in Frederick County who owns property directly adjacent to the proposed shale removal operation. I have several concerns about the possibility of this proposal meeting approval. After the County Commission's meeting, these first several concerns were to be included in the package of information to be sent forward to the Board. However, I reviewed this information at the library and they had not been made part of the record. My concerns are as follows: INHERENT PROBLEMS WITH SHALE OPERATION IN GREEN SPRING AREA 1. NOISE — The noise level associated with this operation is sure to disrupt the tranquility of the area. One reason I purchased the adjoining property just a few years ago was to get away from the noise of the city. The area is quiet and the blasting of shale, as well as use of digging equipment and trucks with back-up alarms will pollute the area. 2. REDUCTION OF SURROUNDING PROPERTY VALUES — The property in question is not zoned for commercial use, has no conditional use permits, nor should it. The adjoining properties are zoned either agricultural or residential and joining these properties with a property that is granted a conditional use permit is sure .to reduce the appeal of the area land, and accordingly its value. 3. WATER POLUTION — The subject property sits directly beside a ravine that carries water year round. This creek leads to Green Spring Run and eventually to larger creeks and streams in the area. Any shale removal will result in run-off that will undoubtedly pollute area streams. Additionally, fuel and petroleum product leakage from vehicles and heavy equipment, are sure to pollute the area and damage existing ecosystems as well as fish and wildlife. 4. AIR POLLUTION — Any shale operation is guaranteed to produce a tremendous amount of dust and pollutants. The resulting dust cloud would carry for large distances. With the subject property's close proximity to the road, there is sure to be problems with dust clouds hampering motorist's view of the road and oncoming traffic. This combined with entering and exiting trucks on the relatively small road, with many blind areas, is sure to cause accidents, as well as damage to state roads. The pollutants will also carry to surrounding properties, causing poor air quality in the area. 5. VISIBLE DEGRADATION — Given the close proximity to the road, any shale operation is sure to cause an "eye sore" for passing motorist. Frederick County already has enough areas that have been damaged from such operations. Some of these can be seen from miles away as you cross the Blue Ridge and enter the Shenandoah Valley. ** See attached maps for relation of subject property to surrounding properties and homes. Given that the state agencies have already approved this proposal, and the fact that the planning commission also has granted approval, my concern for each of the above items has been elevated. As a taxpayer, I would hope that you would take into consideration the fact that the surrounding property owners need to have a say in the things that occur around them that directly affect their property and it's value. Unfortunately, so far, this has not been the case. I would ask you to put yourself in our position. Would you want this operation going on outside your bedroom window (which is most definitely what I face given the close proximity of the proposed operation, to my house)? How would you propose to do anything about this? Once this proposal gets final approval, we will have to live with it, no matter how the operation is run. I am aware that the county and state "regulates" the mining operation but what comfort does that provide? I would say none. Over a year ago I took time off from work and went into the county offices to complain about another business operating outside of the parameters of it's conditional use permit. I was told that I would here back in a couple weeks, after they had a chance to ride by and check out the situation. No one called. I called again and was told they would look into it and call back. No one called. Several months went by during this process and I again called. At that time I was told they had been in the area and noticed that something didn't look right and they were going to contact the individual, in writing, and once a response was received, they could proceed. I was told they would call back at that time. To date, no one has called and as far as I know, nothing has been done as the problem still exists. So I ask again, what comfort does this provide? According to the proposal, Mr. Smelser must stay 100 ft from the road and 100 ft from surrounding property lines. If you review the attached map, you will see that very little space exists between the road and the property lines of the other parties. In fact, I walked the area between the property line on the East side and the road and only 300 ft exists between the two. That only leaves 100 ft of space for this mining to occur, which is hardly sufficient. Just where does Mr. Smelser plan to mine? The map provided with the plan also shows that the mine will be on the. West side of the road. However, in the written proposal, it shows that it will be on the East side of the road. Which is it? The proposal also acknowledges that shale was previously taken from the site (which is on the East side). However, after discussions with Mr. Frederick Pettis, adjoining property owner, it appears that Mr. Smelser was digging shale on a site that is not even his. According to Mr. Pettis, the location where the shale removal had previously occurred, was on his property and he has stated in a letter to the County Commission that he has caught Mr. Smelser removing shale previously, on his property. If you view the attached map, Mr. Pettis' property is shown exactly where Mr. Smelser has previously mined shale, without approval. Another problem is the fact that the proposal given to the county commission included comments that Mr. Pettis' concerns in his letter had been answered. This is not at all true. During my discussions with him, he was very disgusted at the way this ordeal has been handled. He was not at all happy with the phone call he received from the county and if it weren't for the fact that he lives 900 miles away, he would be at the meetings. He asked that I again call reference to his letter and ongoing complaint. The proposal goes on to say that the 100ft distance between property lines and the operation and the natural vegetation would provide a natural barrier to the site. This may have been true if Mr. Smelser had not gone through and removed trees from the property a few months ago. While walking the property line on October 24, I found where Mr. Smelser had encroached across my line with the road he created for removing timber off his property, in turn taking some of the vegetation off my land. Obviously, he either has no clue where the property lines exist, or he doesn't care. I personally researched county court house records and could not find where Mr. Smelser's property had ever been surveyed. All that exists is a legal description. Is he going to be able to tell where the property lines are from a legal description? When I reviewed Mr. Smelser's proposal, I was curious as to why a survey of my property was included in the package, but no others. The apparent reason is that no survey exists and mine is the only one that could be found to reference one of the property lines. I propose that all of these concerns should be answered. Mr. Smelser should not be granted approval for this shale mine. However, if he is allowed to pursue mining shale, he should at the very least be required to have a survey done to assure that he stays the required distance from property lines and the road, on his own property, and be required to complete a site plan. That would allow the Board to visualize exactly what they are approving or not approving and determine if sufficient space exists for such an operation. I again, I ask that you put yourself in the surrounding property owners' place and decide, is this really necessary and do the detriments to the majority outweigh the benefits for the individual? Sincerely, Michael Mullin 191 Evening Lane Winchester, Virginia 22603 Key Questions/Points: I am aware that the county and state "regulates" the mining operation but what comfort does that provide, given past experience with the complaints process? Just where does Mr. Smelser plan to mine? East or West side? Should a site plan not be required? Does Mr. Smelser know where the property lines are? Is he aware that he has encroached on them in the past? Is he going to be able to tell where they are from just a legal description? Should a survey not be completed? How does Mr. Smelser propose to mine on a 100 ft wide strip of land? What is his proposal for reclamation? Put your self in our position — would you want this shale mine outside your bedroom window? Do the detriments to the majority outweigh the benefits for the individual? 1113 LV1y Overview of Programs and Services History Permitting Enforcement Accidents / Complaints Public Awareness Program 11LLF.// W W W.111111G.MaW. Va. UJ/1311111E ll1LL 11UU4L1V11/LVL.J/111JlVly .11U ll Certification Training Orphaned Land Program Office Addresses / Phone Numbers History The Division of Mineral Mining was established April 20, 1987 by merging the safety and reclamation inspection and enforcement responsibilities for non -fuel mineral mining operations into one division. These programs were originally administered separately by DMME's coal mine safety and reclamation divisions. Realignment of the mineral mining programs greatly enhanced the delivery of services by the Department to its customers and the public. The Division administers and enforces Chapters 14.1, 14.4:1-14.6,14.7:1 and 18.1 of the Mineral Mine Safety Laws of Virginia and The Minerals Other Than Coal Surface Mining Law, Chapter 16, Title 45.1 of the Code of Virginia. The enactment of mineral mine safety and reclamation laws indicated that state law -makers recognized the mineral mining industry's contributions to Virginia's standard of living. It further recognized that, while providing needed resources for development, uncontrolled mining could result in safety and environmental hazards. Permitting The Division of Mineral Mining (DMM) issues mining permits and licenses for all commercial mineral mining operations in the Commonwealth. The permit application includes suitable operating plans to ensure that mining is conducted in an environmentally sound manner. Before a permit can be issued, applicants must provide suitable operations, drainage, and reclamation plans, which will be reviewed by DMM. A reclamation performance bond must be provided by the permittee to insure that funds are available for DMM to contract final reclamation of the mine in the event that the permittee is unable to complete the reclamation. Through permitting and bonding of mineral mines, reclamation is essentially guaranteed. Landowners within 1000' of the permit boundaries of a new mineral mining permit application may request a public hearing. DMM has developed a Hearing Brochure to provide information on the hearing process. Click here for additional information on Permitting and Licensing of mines Enforcement The Division of Mineral Mining (DMM) maintains an inspection staff and conducts safety and reclamation inspections on mineral mining sites. Reclamation inspections are conducted at least twice annually to ensure compliance with state permitting and rec ama ion aws and re a ions. Ines that are not inspected by t e mid f i ministration are inspected y DMM at least once per year to ensure compliance with worker safety laws and regulations. DMM does not conduct safety inspections on mineral mines that are inspected by the Mine Safety and Health Administration, but does investi ate complaints and serious personal injury accidents on all mineral mines. —` The duties and responsibilities of DMM's mine inspectors are not limited to inspection and enforcement activities. Additional responsibilities include conducting safety, reclamation, and certification training classes for industry personnel, supervising the reclamation of mine sites where the performance bond has been forfeited, providing technical assistance to small mine operators, and assisting with orphaned land reclamation projects. Mine inspectors provide permitting and licensing services ranging from pre -application conferences to processing new permits and renewals to bond release following final reclamation. Mine inspectors also respond to all 1 of 5 10/2/2000 9:29 AM 111JLVLy IMP.// W W W.111L11G.JULLG.Va. UJ/1111ll1U 111LL V11Ul. L1V1U lJ Vl.J/ A 11JLV1y.11t111 I complaints concerning mining activities, and investigate potential illegal mine sites. Click here for additional information on Enforcement (appropriate ccidents and Complaints ccidents involving serious personal injury and worker or citizen complaints are investigated promptly. The regulatory measures are taken to resolve or correct the problems. Complaints should be referred to the ivision of Mineral Mining office in Charlottesville at (804) 951-6310. Click here for additional information on Accident Reporting and Complaints Public Awareness Program Brochures, flyers, and presentations are just a few of the means by which the public is made aware of mine safety and reclamation requirements and practices. Information concerning public participation opportunities available to anyone about the impact of existing or proposed mining operations may also be obtained by contacting DMM's main office in Charlottesville at (804) 951-6310 or via e-mail. Available brochures include: Hearings Division of Mineral Mining Department of Mines, Minerals and Energy Orphaned Land Certification By authority granted in the Mineral Mine Safety Act of Virginia and under the auspices of the Board of Mineral Mine Examiners, requirements are in effect that certain persons who work at mineral mines in the State of Virginia must become certified by the Board. These include General Mineral Miner certification (applicable to all miners going to work at Virginia mineral mines for the first time), foreman certification (for surface or underground mineral mines), blaster certification (for surface or underground mines), and mineral mine electricians. The Division of Mineral Mining's Training and Certification Section administers the certification program on behalf of the Board of Mineral Mine Examiners. This includes management of the processes and records involved in applications, examinations, and certification issuance as well as the scheduling and coordination of training course/class availability statewide. Initial and Renewal certification courses are instructed by DMM's mine inspection staff. Click here for additional information on Certification Training Safety and Reclamation Training The Division conducts regular, on-site safety and reclamation meetings for industry personnel to instill safe work habits and discuss environmental quality at the mine site. This provides an opportunity for the mine inspector to discuss trends and new technologies in worker health and safety and mined land reclamation with miners, mine supervisors, and operators. Certification Training DMM offers the only formal training and certification available to many non -fuel mining employees through its Education and Training program. The program is well accepted by the mining industry and may be used to provide training classes to other industries and government agencies that conduct excavation, blasting or other operations of a nature similar to mining. The Division can develop site specific training courses and programs to adequately represent the customer's needs. Certification courses are offered in the areas of blasting, mine foreman, first aid, electrical repairman and other general mine safety disciplines. Click here for additional information on Education and Training Orphaned Land Program Virginia's Orphaned Land Reclamation Program administered by the Division of Mineral Mining was established in 1978 to alleviate the environmental and public health and safety hazards associated with abandoned mineral 2 of 5 10/2/2000 9:29 AM IXI.,L„Iy mine sites. uuY.r r w w w .aunt. � �a �c. v a. u�r LuuiL ui a vuucaiviu iruwr i iii wi y. u u u Orphaned lands are those areas disturbed by the surface mining of non -fuel minerals, which occurred prior to 1969 and were not required to reclaim. Funds for the reclamation of orphaned mine sites are obtained from interest moneys earned from a state managed, industry self -bonding program. Proposed reclamation projects are identified and then evaluated by an Orphaned Land Advisory Committee composed of individuals from the Division of Mineral Resources, Virginia Polytechnic Institute and State University, the Department of Transportation, the Department of Environmental Quality Water Division, the mineral mining industry, and private citizens who assist the Division of Mineral Mining in evaluating the sites and prioritizing reclamation. Click here for additional information on the Orphaned Land Program Office Addresses & Phone Numbers For assistance or additional information concerning the Division of Mineral Mining's programs and activities please contact: Division of Mineral Mining Conrad T. Spangler III, Director P O Box 3727 Charlottesville, Virginia 22903-0727 (804)951-6312 Virginia Department of Mines, Minerals, and Energy O. Gene Dishner, Director Ninth Street Office Building, 8th floor 202 North Ninth Street Richmond, Virginia 23219 (804) 692-3200 TTY/TDD 800-828-1120 Directions to DMM Office and Training Facility From Interstate 64: take exit 118-B (Charlottesville, 29 North); once on Route 29, take the first exit (29 North -Business) and at the yield sign, turn right onto Fontaine Avenue. From Route 29 South: after passing under I-64, take the 29 North -Business exit and turn right onto Fontaine Ave. From Route 29 North: passing Route 250 exit, stay on Route 29 South to the Route 29 North -Business exit. Take this exit; turn left at the stop sign onto Fontaine Ave. Once on Fontaine Ave.: At the first stop light, turn right into Fontaine Research Park. At the stop sign at top of hill, turn right and follow signs to the building. Parking and Main Entrance: Please use the visitors parking area, and enter the building through the main entrance. From the foyer, turn left to reach the Training Room (#1224 - first room on left). DIVISION OF MINERAL MINING Department of Mines, Minerals and Energy P. O. Box 3727 Charlottesville VA 22903 Barney, Gary — Mine Inspector Supervisor Western District (804) 929-7511 geb e,mme.state.va.us 3 of 5 10/2/2000 9:29 AM ULLIJ.// W W W.11HA1G.JalG.Va. U61L11li1L lllllVUU4L1V11/Lvw/ 111JW1y. 11 UIL Benner, David — Mine Inspector Supervisor Eastern District (804) 739-8052 dkb gmm e. state. v a. us Bibb, Tom — Mine Inspector Area 4 (540) 344-2873 tcb inme.state.va.us Bishop, Allen — Mine Inspector (804) 951-6317 dabCc�mme.state.va.us Cress, Da 'd — Mine Inspector Area 6 (540) 72 -6350 dhc tnm state.va.us Fehrer, Damien — me Inspector Area 5 (804) 315-0305 dcf a,mme.state.va.us Fowlkes, Joyce — Office Services Specialist (804) 951-6316 jsf �.,mme.state.va.us Grizzle, Paul — Mine Inspector Area 9 (804) 443-4685 pcg cr;mme.state.va.us Hagy, McDonald - Mine Inspector Area 1 (540) 597-7642 mxhQmme. state. va. us Johnson, Darrell - Mine Inspector Area 10 (757) 986-3614 qdj@.inme.state.va.us Martin, Patsy — Program Support Technician (804) 951-6314 pwmQnme.state.va.us Morgan, Robert — Mine Inspector Area 7 (540) 786-8225 remOmme. state.va.us Mullins, Ron — Safety Engineer Senior (804) 951-6315 ixmgmme. state. va.us Potter, Gary — Environmental Engineer Consultant 4 of 5 10/2/2000 9:29 AM 111JLVly (804) 951-6313 gepOmme.state. va.us Rapp, Richard — Mine Inspector Area 8 (804) 769-3466 rmrgmme. state. va. us Smith, Charles — Mine Inspector Area 2 (540) 773-2960 ces Qmme.state.va.us Smith, James — Mine Inspector Area 3 (540) 586-0232 jzs i me.state.va.us Sobeck, Robert - Environmental Engineer (804) 951-6318 rgsgmme.state.va.us Spangler, Conrad — Division Director (804) 951-6312 ctsgmme.state.va.us 11LLF.// W W W.11111IC-AaM.VQ.UJ/1JL1llLU llLLL VLLUL. L1 Vll/JJ VLiJ/ 111JLV1y.11 Lill DMME Home I DMM Home I Disclaimer I E-mail DMM 5 of 5 10/2/2000 9:29 AM i G11111LLlllb' L1GG11Jllib' IILLF://www.iiiiiiG.Jtat%,.va.uzi/Lillill]EGi...11b'l "VGJ/ i G111"LL111b' /OG VL1GG11Jlll�.11tl ll Permitting and Licensing Mining Permit/License Required Notify Local Government Officials Permit/License Fees Statistics Permit/License Renewal Public Hearing Information Permit/License Renewal Fees Public Notification Requirements Permit Amendments Public Hearing Process Mine Permit Map Administrative Appeals Public Participation DMM Authority Mining Permit/License Required § 45.1-181 of Chapter 16 of Title 45.1 of the Code of Virginia states that "It shall be unlawful for any operator to engage in any mimno eration in Virginia, without having first obtained from th`--� e a men a permit to engage m such operation..... is section u er requires a permit shall be obtame prior tot e s art of any mining operation." § 45.1-161.292:30 of Chapter 14.1:1 of Title 45.1 of the code of Virginia states that "No person shall engage in the operation of any mineral mine within this Commonwealth without first obtaining a license from the Department. A license shall be required prior to commencement of the operation of a mine. A separate license shall be secured for each mine operated.....". In an effort to simplify the permitting and licensing requirements the Division of Mineral Mining has combined the permit and license application process into a single Permit Application Package which contains all the necessary forms to obtain a permit. Contents of the required operations, drainage and reclamation plans are outlined on the Permit Application Checklist which is part of the Permit Application Package. Permit/License Fees Permit fees, license fees and appropriate reclamation bonds are required prior to the issuance of the permit/license. For a new permit or a permit amendment these fees should not be submitted until you receive a request or billing from the Division of Mineral Mining. The fees for new permit are as follows: Permit Fee - $12.00 for each acre to be covered by the permit. License Fee - $75.00 for all mines except for sand mines of 5 acres or less. Sand mines of 5 acres or less must pay a $20.00 license-Te—e.— Bond - $1000.00 per acre disturbed plus acres to be disturbed in the upcoming 12 month period. OR Minerals Reclamation Fund - $50.00 per acre disturbed plus acres to be disturbed in the upcoming 12 month period. (Mineral Reclamation Fund payments are in lieu of bond and available only to operators who have operated satisfactorily under Virginia's mineral mining law for 5 years or more) Tie permit and mining license must he rene�,ed on an annual basis�The renewal is not a reapplication process. The renewal mvo v� ese an i}�spection and progress report to determine if operations are proceeding according to the approved lans and to insure that all areas�overed 6y thennate bond prior to em�istur edfi b� mmmg. Permit renewal information and renewal fees must be submitted to the Division of Mineral Mining at least 10 days prior to the permit anniversary date. Updated permit maps must accompany the renewal to show changes in the amount and location of lands that are 1 of 5 10/2/2000 9:29 AM I VIIILILL1116 L1LJG11J111r, 11LLI/.// W W W.111111G.JLQLG.Va.Ub/L11111LI 01... 11b'/LVL.J/L 011111LL111E,' /OGVI-IL.G11611%.11llll disturbed, lands to be disturbed in the upcoming 12 months and lands that have been reclaimed. If there have not been any changes to the land that affect the permit maps then a statement certifying that there have been no changes will be accepted. Permit /License renewal fees Permit and license renewal fees must be submitted with the renewal package. If there have been no changes in the permit areas the fee amounts are provided in the Renewal Special Order Notice that is mailed to operators at least 90 days prior to the permit/license anniversary date. Renewal fees are as follows: Permit Renewal Fee - $6.00 per acre disturbed plus acres to be disturbed in the upcoming 12 month period. License Fee - $75.00 for all mines except for sand mines of 5 acres or less. Sand mines of 5 acres or less must pay a $20.00 license fee. Bond - $1000.00 per acre for additional acreage to be disturbed in the upcoming 12 month period. Bond does not have to be posted for acres already under bond. N' Minerals Reclamation Fund - $50.00 per acre disturbed plus acres to be disturbed in the upcoming 12 month period for operations that are entering the Minerals Reclamation Fund for the first time. $12.50 per acre disturbed plus acres to be disturbed in the upcoming 12 month period for operations that have been in the Minerals Reclamation Fund at least one year. (Mineral Reclamation Fund payments are in lieu of bond and available only to operators who have operated satisfactorily under Virginia's mineral mining law for 5 years or more) Permit amendments If the operator believes changes in his original plan are necessary or if additional land not shown as a part of the approved plan of operation is to be disturbed, he shall submit an amended plan of operation to the Division of Mineral Mining. Proper operating, drainage and reclamation plans must be provided with amendments adding acreage to the permit. No lands are to be disturbed until they are included in the approved permit and properly bonded. Amendments to add additional acreage to the permit must be accompanied by documentation that the operator has the right to mine and remove minerals from the acreage being amended. Such right of entry information may be provided by providing a copy of the deed or lease to the property or by providing the parties to the deed or lease, the date of execution and the recording information for the deed or lease. The Division of Mineral Mining may order an operator to amend their permit to address changes in the operations, drainage or reclamation plan or to address unforseen circumstances or events. Mine permit map The application for a permit shall be accompanied by two copies of an accurate map or aerial photograph or plan and meet the following requirements: 1. Be prepared by a licensed engineer or licensed land surveyor or issued by a standard mapping service or in such a manner as to be acceptable to the Director; 2. Identify the area to correspond with the land described in the application; 3. Show adjacent deep mining, if any, and the boundaries of surface properties, with the names of owners of the affected area which lie within 100 feet of any part of the affected area; 4. Be drawn to a scale of 400 feet to the inch or better; 5. Show the names and location of all streams, creeks or other bodies of public water, roads, buildings, cemeteries, oil and gas wells, and utility lines on the area affected and within 500 feet of such area; 6. Show by appropriate markings the boundaries of the area of land affected, the outcrop of the seam at the surface or deposit to be mined, and the total number of acres involved in the area of land affected; 7. Show the date on which the map was prepared, the north arrow and the quadrangle name; 8. Show the drainage plan on and away from the area of land affected, including the directional flow of water, 2 of 5 10/2/2000 9:29 AM I G111"LL111r, L1L.G11J111r, 11LLF.// W W W.11U11G.JLaLG. Va. UJ/1-111ll1UL CA ... llr'/L VL WJr G11111LLlllr /0GVLAL.G11J111r�.11L311 constructed drainways, natural waterways used for drainage and the streams or tributaries receiving the discharge. 9. Be accompanied by a completed Map Legend which identifies by color code or graphic symbol the critical features of the permit area. Public participation § 45.1-184.1 in Chapter 16 of Title 45.1 of the Code of Virginia requires the application for a mineral mining permit to be accompanied by a statement showing the names and addresses of the owners of property within one thousand feet (1000) of the permit line of any land proposed to be permitted. Form DMM-103a entitled " Statement Listing the Names and Addresses of Adjoining Property Owners" may be used for this purpose. Proof that landowners have been notified by certified mail or in person of the application for a permit is required as part of the permit application. Adjacent landowners must be notified by providing them with Form DMM-103 entitled " Notice of Application to Mine". Proof of notification by certified mail can be accomplished by submitting the original return receipts from the certified mail that was used to send the Notices of Application to Mine. Proof of notification in person can be accomplished by having the property owner sign a copy of the Notice of Application to Mine and submitting the notice containing their original signature with the permit application package. Property owners within 1000 feet of the permit boundary may file written objections with the Director, and may request a hearing. If a hearing is requested, it will be held in the county where the proposed mine is to be located and all those requesting the hearing will be notified of the date place and time of the hearing. A Public Hearing Informational Brochure is attached to provide more detailed information about the hearing process. The adjacent landowner notification process applies to initial permit applications only. No new notice is required for permit renewal applications nor for permits for acreage in addition to that originally permitted. Notification of local government officials The permit application must be accompanied by a statement certifying that the chief administrative official of the local political subdivision has been notified of the proposed operation by certified mail. This notice must be sent to the county administrator of the county where the mine is located or to the city manager if located within the boundaries of a city. This notice is required by the mining laws and is not waived by any previous notifications that may have been made as a result of a zoning or land use application. Statistics List of Virginia Mineral Mines; Report DMM.PEPR.17 Summary of Permitted Mine Acreage by Commodity; Report DMM.PEPR.14 Summary of Permitted Mine Acreage by County; Report DMM.PEPR.14 Summary of Tonnage Produced by Commodity; Report DMM.TNPR.04 Summary of Tonnage Produced by County; Report DMM.TNPR.04 List of Mineral Mine Contractors; Report DMM.CNPR.01 Copies of these lists may be obtained by calling (804) 951-6310 or e-mail for information on copying costs. DIVISION OF MINERAL MINING PUBLIC HEARING INFORMATION Public Comment and Hearing Opportunities Concerning Mineral Mining Activities Under the Virginia Minerals Other Than Coal Surface Mining Law and Regulations. Introduction The purpose of this brochure is to provide information regarding public comment and hearing opportunities available to the public concerning new applications for mineral mining permits. Mineral mines may be rock quarries, open pit mines, dredging operations, or underground mines which extract a variety of minerals, not including coal. Mineral mining permits are issued by the Department of Mines, Minerals and Energy's Division of Mineral Mining (DMM) under the Virginia Minerals Other Than Coal Surface Mining Law and Regulations. Public comment periods and public hearings give adjacent property owners an opportunity to voice their concerns 3 of 5 10/2/2000 9:29 AM X G11111tLu r, L14GUJll1r, llttp:// W W W.11ll11G.bta LU.Va.UJ/1J11u1LL G1... l rI' VI.J/L GL1111LLll1r./UGVL1GG11J111�. 11 Lill or objections about proposed mining operations. Public notification of a permit application to conduct mining operations and the public comment and hearing opportunities that may follow are described below. Public Notification Requirements The applicant for a mineral mining permit is required to notify adjacent property owners within 1000 feet of the proposed permit boundary. These property owners have 10 days from receipt of notification to file written objections with the DMM Director and/or request a public hearing concerning the proposed mining operation. The notice is required for initial or new applications only. No new notice is required for renewal applications or for the addition of acreage to existing permits. Public Hearing Process The public hearing is an informal "information gathering" forum. The hearing procedure is addressed in Virginia's Administrative Process Act (APA Section 9-6.14:11). The purpose of the hearing is to: . Give adjacent landowners and the applicant a forum in which to publicly address any objections or concerns regarding the proposed mining operation. . Set up an appeal for any party aggrieved by the decision of the DMM to either issue or deny the permit. The hearing will be conducted by a hearings officer and held in the general vicinity of the proposed mining operation. Persons attending the hearing may present written and/or oral comments, and photographs or other evidence. The hearing will be recorded. The hearing is not an adversarial proceeding. Cross-examination is not permitted, as the hearing is only informational or fact-finding in nature. Questions will be addressed to the hearings officer, who will determine what procedure is best for answering the questions. Due to time constraints, it may not be possible to respond to all questions or concerns at the hearing. However, all issues raised will be addressed in the hearings officer's written recommendation. Within 30days after the close of the hearing, the hearings officer will make a written recommendation to the Director of DMM to either issue the permit, deny the permit, or require the operator to supply additional information to be evaluated prior to making the final permit decision. Each person that requested the public hearing and the permit applicant will be provided with a copy of the hearings officer's recommendation. Other hearing participants may also request a copy of the recommendation. Based on the recommendation and any additional information provided pursuant to the hearing, the Director of DMM will either issue or deny the permit. Administrative Appeals The issuance of the permit, or the decision to deny the permit application, represents DMM's final order or case decision and as such may be appealed to civil court in the city or county where the mine is to be located. If the final order is appealed, the rules controlling such an appeal are found at Rule 2A, Rules of the Supreme Count of Virginia and Article 4, Court Review, of the Administrative Process Act. Parties with a right to appeal the final order have 30 days from the date of the issuance of the permit to file a notice of appeal under the referenced Rules. You must file a notice of appeal to begin the process. If you receive this notice of final order by mail, thi•ee days are added to the 30 -day requirement. DMM Authority Through its administration of the Minerals Other Than Coal Surface Mining Law and Regulations, the Division of Mineral Mining provides for the safe and environmentally sound exploration and production of Virginia's non -fuel minerals. This is accomplished through the permitting process and regular mine inspections that address such areas as: . Method of Operation . Grading and Seeding . Citizen and Worker Complaints . Mine Map . Erosion and Sediment Control 4 of 5 10/2/2000 9:29 AM 1utY.11www.uuuc. �atc.va.uair�uuwrci...iisiLvc�irciuuuui�iocviiccu�ui�.auu . Mine Road Maintenance . Operator Insurance Bond . Construction Activities . Blasting Operations . Screening of the Mine Operation Final Reclamation and Stabilization of the Site Common issues of concern, not covered under the Mining Laws and Regulations, are listed below: . Land -Use; Zoning . Property Value . Traffic on Public Roads . Hours of Operation . Life of the Mining Operation Please direct any questions to DMM's office in Charlottesville: Department of Mines, Minerals & Energy Division of Mineral Mining P. O. Box 3727 Charlottesville, VA 22903 Phone: 804-951-6310 FAX: 804-951-6325 DMME Home I DMM Home I Disclaimer I E-mail DMM 5 of 5 10/2/2000 9:29 AM