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HomeMy WebLinkAbout01-11 Carmeuse NA Clearbrook - Stonewall 55.2 acres from RA to EM - Backfile (2)REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List ✓ Fee & Sign Deposit Deed Plat/Survey —� Taxes Paid Statement s p File opened b Reference manual updated/number assigned S 0 ( D-base updated 5 1 Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping D 1 ( Application Action Su ary updated Planning Commission eeting ACTION: _ aL / �I� �f l ROS f / jje�oard of Supervisors eeting ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with Proffers Approval (or denial) letter mailed to applicant/copy to file and cc's / Reference manual updated J D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Sys ID # ) I �- DATE �ADDR�SS -! 1l/N AMT.OF CASH ACCOUNT AMT. PAI CHECK BALANCE MONEY DUE ORDER COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 30, 2012 Mr. Ron Mislowsky, PE Patton Harris Rust & Associates 117 E. Piccadilly St. Winchester, VA 22601 RE: REZONING #01-11, CARMEUSE NA CLEARBROOK PINS: 44-A-83, 44-A-83A AND 33-A-144 (portion of) Dear Ron: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of December 14, 2011. The above -referenced application was approved to rezone 92+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District with proffers. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 1 I with Brucetown Road (Route 672) and Walters Mill Lane (Route 836) in the Stonewall Magisterial District. The area being rezoned is further identified on the accompanying plat, PIN 933-A-144 "Zoning Boundary, and extends the existing EM zoning from its current location to the west with no remnant RA land in between the EM zoning. This is expressed by notation on the plat and agreed to by the County. The proffer statement, dated February 8, 2011 with last revision on July 12, 2011, that was approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney has presented the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad Attachments cc: Graystone Corp. of Virginia, PO Box 2530, Winchester, VA 22604 Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Stan Crockett, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 rRr�DERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 February 24, 2012 Thomas Moore Lawson, Esq. Lawson and Silek, P.L.C. PO Box 2740 Winchester, VA 22604 Dear Ty: The proffer statement for the Carmeuse NA Clearbrook Rezoning, dated February 8, 20115 with a revision date of July 12, 2011, was the statement reviewed and approved by the Board of Supervisors. The final approval was on December 14, 2011. I am requesting an additional original signature page of this proffer statement so it may be 2°i revision. We are not aware of, nor did we review, any correctly recorded with the July l statement with a revision date of September 12, 2011. Thank you for your assistance with this matter. Sincerely, Michael T. Ruddy, AICP Deputy Plaiming Director cc: Roderick B. Williams, Esq., Frederick County Attorney MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 r LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 Posy OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 January 19, 2012 Michael T. Ruddy, Deputy Director Planning and Development County of Frederick 107 North Kent Street, 2"d Floor Winchester, VA 22601 TnOMAS MOORE LAWSON • TLANSOIYnLSPLC.COMI Re: Carmeuse Lime Rezoning RZ#01-11 Our File No. 462.013 VIA E-MAIL Dear Mike: I am in receipt of your voicemail message of yesterday requesting an additional original signature page for the Proffers regarding the above -referenced matter. A review of my file reflects we delivered the original to you. We retained a copy of same in the file, which I enclose for you. Thank you for your assistance and cooperation. Should you have any questions, please do not hesitate to give me a call. V Thomas Moore L awson TML:atd Enclosure cc: Carmeuse Lime & Stone FRONT ROYAL ADDRESS: POSE OFFICE ROX602•FRONT ROYA I. VIROINI.A226J0,TELEPIIONE:(540)6J5.9415• FACSIMILE: (5401635-9421.E-51AIL:I5ILEK ?LA\VSONANDSILEKCO51 0 PROPOSED PROFFER STATEMENT REZONING: RZ4 01-11 Rural Areas (RA) to Extractive Manufacturing (EM) PROPERTY: 92 Acres +/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of Tax Map Parcel 33-A- ] 44 (the "Properties") RECORD 0WNER: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone APPLICANT: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone ("Applicant") PROJF_.CT NAME: Winchester/Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): June 2,201 1, June 21, 2011, July 12, 2011, September 12, 201 1 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit 1," shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 0 • Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on Brucetown Road (Route 672) unless another entrance is agreed upon by Frederick County or VDOT at some time in the future. Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. The Applicant will put the Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 4. Dust Control 4.1 Dust from drills; muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental Quality ("VDEQ") general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. 7 0 • 5. Blasting Control 5.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the DMM of the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at some time in the future. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. 1n the future, given that there will be no vehicular trips to and from Route 11 from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 6.2 Within the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate up to twenty feet (20') to Frederick County or the Virginia Department of Transportation within thirty (30) days of demand of said dedication from either Frederick County or the Virginia Department of Transportation for the purposes of expansion of Route I 1 (Valley Pike) to install additional lanes of travel and other improvements associated with the Route I I (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-way. In the event the dedication and subsequent development of said land shall adversely affect the aforementioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. 7. Operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. 8. Lighting 8.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSHA"), VDMME, and any other- governmental or regulatory body that oversees mining 3 operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner- that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10. Envirorunent 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. In 0 u Respectfully submitted. O-N MINERALS (CHEMSTONE) COMPANY d/b/a CARMEUSE LIME & STONE � r'7 By:^-�- Its: Aft_ O (�cr r co N5 MA kjArpErC- COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instruiuent was acknowledged before me this day o* 2011, by NOTARY <JILIC J My commission expires: Registration number: FRANCE" G. MARTIN as holder of life estate interest in parcel 44-A-83 COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was aclulowledged before me this day of 2011, by FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83.. A- NOTARYgUBLIC �..tio..., TARY' �< r My commission expires. Registration number: Pj MY f_ ZAPIRES 0 • REZONING APPLICATION #01-11 CARMEUSE NA — CLEAR131ZOOK REZONING Staff Report for the Board of Supervisors Prepared: September 7, 2011 (Updated 1215111) Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 06/15/1 1 Tabled 45 days 08/03/1 1 Recommended approval Board of Supervisors: 09/14/1 1 Postponed .1all uary 2012 1 1/9/1 1 Revised postponement date 12/14/1 I Pending PROPOSAL: To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. LOCATION: The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located On the east side Of ROLItC 1 1 between the intersections of Brucetown Road (Route 672) and Walters Mill Lane (Route 836). EXECUTIVE SUMMARY FOR THE 12/14/11 BOARD OF SUPERVISORS MEETING: At their September 14, 2011 meeting, and following a considerable alllollllt Of pUbllc comment and d1SCL1SS1011, the Board Of Supervisors postponed this item Lultil its first meeting in January 2012. Supervisor Fisher had stated that lie would like to give the applicant all opportunity to address ISSLICS and concerns. Subsequently, at their November 9, 201 1 meeting, Supervisor FISIICI' I1lOVCd to amend the postpoliclllcnt of the Carnieuse Rezoning from the first board n7CCting 111 .lallUar'y 2012 to the first meeting 111 December 2011, subject to the applicant's concurrence. The Board of Supervisors approved this motion. No new modifications to the application have been provided by the Applicant at this point. The final revision to the proffer statement, dated July 12, 2011, rcmains the one under consideration as part Of this application. 0 0 Rezoning 1101-1 1 Carmeuse NA — Clearbrook Rezoning December 5, 2011 Page 2 EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 09/14/11 BOARD OF SUPERVISORS MEETING: The Cal'illellse NA - Clearbrook rezoning application addresses some of the goals of the Comprehensive Plan as described in the staff report. Clements of the rezoning application have been identified that should be carefully evalLlated to ensure they hilly address specific components of the Comprehensive Plan. I11 addition, the Board should eilSLll'C that the Impacts associated with this rezoning request have been fully addressed by the applicant. The Applicant has provided the County with a revised proffer statement dated ,ILIly 12, 2011 and a revised Exhibit 42 dated August 3, 2011. The proffer revision was signed by representatives on July 22, 2011 and July 26, 2011. A waiver request with a modified buffer was approved by the Planning Commission on August 3, 201 1. This waiver enables a 50-feet setback against Route I I and the adjacent residences located on Route 11, rather than the required 100 foot and 200 foot setbacks, respectively. The modified buffer requires that additional landscaping is to be placed within this buffer area. This is a Planning Commission approval; no Board action on the waiver is required. The Planning Commission forwards a recommendation for approval of the rezoning with an additional recommendation that the Board work to resolve the issue with the Clearbrook Volunteer Fire & Rescue Company's future site. u Rezoning 1101-1 1 Carmeuse NA —Clearbrook Rezoning December 5, 2011 Page 3 This report is prepared bj) the Frederick Coulitj; Planning Staff to provide information to the Planning Commission and the Boal'd of Supe!'vism's to assist them in milking a decision on this application. It maj, also be ilstful to others interested in this zoning matter. Unmsolved issiles concerning this application are noted bj, staff where relevant throughout this stuff report. Reviewed Action Planning Commission: 06/15/1 1 Tabled 45 clays 08/03/1 1 Recommended approval Board of Supeiwisors: 09/14/1 1 Postponed .lanuary 2012 1 1/9/1 1 Revised postponement date 12/14/1 1 Pending PROPOSAL: To rezone 92 acres from RA (Rural Areas) District to LM (Extractive Manufacturing) District, with proffers. LOCATION: The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of ROL1tC 1 1 with I3rucetow11 Road (Route 672) and Walters Mill Lane (Route 836). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-83, 44-A-83A and 33-A-144 (portion of (see exhibit)) PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant/Agricultural/Residential/Park ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Clearbrook Park South: RA (Rural Areas) Use: Residential/Agricultural East: EM (Extractive Ma1111faClUrillg Use: Quarry West: RA (Rural Areas) Use: School/Residential/Vacant/I'all'gl'OLlnds Rezoning #01-1 1 Cal-111eLIsc NA — Clearbrook Rezoning December 5, 2011 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The dOCUinciltation Within the application to rezone this property appears to have little pleasurable impact Oil ROLIte 672. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers Offered in the Carmeuse Lime & Stone Rezoning Application dated I,cbruary, 2011, address transportation concerns associated with this request. Before development, this office will require a complete set of Construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.C. Trip Generation Manual, Seventh Edition for review. VDO'f reserves the right to Comment on all right- of-way needs, i11CILlding right -of -sway dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is iSSLicd by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plans approved. Clearbrook Volunteer Fire Co., Inc. — Follow F1-CCIcriCk County Dire & Rescue recommendations. (Note: The il'olunleer Company stalecl al August 3, 2011 Planning Commission steeling that an agl-eemenl has been }forked oul ivith Carmeuse to secure c! iu11(1-e site fiv the volimleer company. A cop}/ of the agreement has not been made' available to the Planning Commission) Public Works Department: 1. Refer to Site and Land Use History, page 3: The Ciscussion references the quarry company's attempts to meet with adminimal resicicilts to address concerns to insure lnimal impact to the SUITOLInding cOI11mUllity. This discussion should be expanded to incluCle the pleasures that will be employed to remediate the impacts of the open pit mining operations on the ten single family residents located along Route 11. In particular, We anticipate the impacts front the mining Operations will include dust, noise, IOWCr grOL1ndwatcr levels and possible damage to building StRIC111reS. 2. Refer to Soils/Geology, page 4: Expand the discussion to incluCle a description Of the actual geological formations that will be impacted and extracted by the proposed mining operations. 3. Refer to Solid Waste Disposal, page 5: The proposed rezoning incorporates property that is currently leased by Frederick County for use as a citizens' refuse disposal site. Frederick County signed a lease with O-N Minerals to use this property which is located immediately cast Of the park's ball field. The lease included an initial ten year time frame with two, five year renewals. At the time the lease was executCd, representatives from O-N Minerals indicated that they anticipated underground mining to remove the high calcium limestone. Based on the proposed rezoning, we understand that Carmeuse NA plans to continue the current open pit approach. Nevertheless, Considering the investment that Frederick County has made to this Site to accommodate Citizen refuse, We WOLIId appreciate the CO11t111LICCI L1SC Of this site until at least 2024. If this request fits within the proposed development time frame of the quarry operations, we would appreciate that it be included in the proffer statement. Sanitation Authority: Please see attached letter clatecl June 1, 2011, signed by Uive P`ehulel. Frederick -Winchester Health Department: Health Department has no Objection to the regUest SO long as no existing Or proposed drainf fields and wells are negatively impacted. Rezoning #01-1 1 Carmeuse Nn — Clearbrook Rezoning December 5, 2011 Page 5 Historic Resources Advisoij, Board: Please sec attached letter clutecl April 1, 2011, ftom Candice E Perkins, AICP, Senior Planner. (Hole: Exhibit 2, chafed July 28, 2011, represents the relocc/ted berm and screenmgaround the AIcrrtin House and the adaptive reuse of the Alkirtin House, addressing the comments of the IIRAB.) Department of Parks & Recreation: No comment. Winchester Regional Airport: We have completed a review of the proposal rezoning application and determined the rczoni ng should not impact Operations Of the Winchester Regional Airport. Frederick County, Public Schools: Please .see caluched leller doted April 18, 2011, ftom K. 61"cryne Lee, Jr., Coordinator ol Plcinning curd Development. Frederick County Attorney: Please see aticiched letter clutecl April 10, 2011, from Roderick B. YVilliams, County. Allorney. Planning Department: Please see attached Memorandum dated April 15, 2011, from Alfichael T. Rudely, AICP, Depuly Planning Director. PlanniIg & Zoning: I) Site History The original Frederick County zoning limp (U.S.G.S. In WOOCI1SLCphCIISOIn QUalrangles) identify the subject parcels as being zoned A-2 (Agricultural General). The County's agrlCUltUral zoning districts Were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponcling revision Of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. The balance of parcel 33-A-144 not zoned RA was zoned ISM CluriIIg the COunty's comin-ellensive downzoning RZ#13-80 compacted in 1980. The most recent rezoning from RA to CM in the vicinity Of this property Occurred With RZI1010-98 When W.S. Frey rezoned 31.74 acres at the southern end of their property. Nl1IIICI'OUS adjustments to the boundaries of the parcels in this area have occurred in recent years. The applicant has provided a plat which depicts a zoning boundary Within parcel 33-A-144. This line appears to accurately reflect the existing boundary of the EM zoned land. The County agrees that the location identif ied on the plat resolves any ambiguity as t0 the zoning boundary. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public Clocunlent that serves as i 0 Rezoning 1101-1 1 Carmcuse Nn — Clearbrook Rezoning December 5, 2011 Page 6 the C0111I11Lllllty'S guide for making decisions regarding development, preservation, public facilities and other key componclltS Of C0111111Lllllty life. The primary goal Of this plan Is t0 protect and improve the living envil'011111CInt within Frederick County. It is ill essence a composition of policies used to plan for the future physical development of Frederick County. [2007 Comprehensive Policy Plan, p. 1-11 Land Use. The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan provide guidance On the future development Of the property. The property is located within the SWSA. Tile Comprehensive Policy Plan icicntilies the general area SLu'rouncling this property with an industrial Ialld Use designation. Ill general, the proposed Extractive MallL1Iact11l'ing (LM) land usC designation for this property is consistent with this industrial land usC designation of the Comprehensive Plan. This consistency Was confirmed dLll'lllg the approval process for the adopted Northeast Land Use Plan in 2010. The Dralt 2030 Comprehensive Plan includes the Northeast Land Use Plan as an approved Area Plan in Appendix 1. Therefore, the proposed Comprehensive Plan WOuld continue to recognize the properties consistency with the Comprehensive Plan fl'0111 a lalld LISC perspective. The 2030 Comprehensive Plan was approved on July 23, 2011. Site Access. The iIllpact statement and profIcr statement describe that public road access Will be provided to the rezoned parcel and that all traffic Will continue to use the existing quarry entrance on BRICetOwn Road, Route 672. Access by vehicles needed Ior periodic maintenance of the properties shall not be limited. 1S17111'017111ent Issues concerning Water quality, qualltlty, Use, and protection OI W£ItCI' I'CSOLII'CCS are directly related to land development activities. Water Supplies are needed to support developrllellt, While surface and groundwater are potentially affected by development activities iComprehensive Policy PIn17, p. 5-3]. Major sources of water used in the County are groundwater and the North Fork of the Shenandoah River. In 2000, the Frederick County Sanitation Authority entered a seventy year lease with Global Stone Chemstonc Corporation (Global). Global owns quarries at Clcarbrook, Middletown, and Strasburg (Please note the ownership of the quarries has SL1bscgLlClltly changed). The lease provides the water froill these quarries as a source OI'SLlpply and transfers title of the quarries to the Frederick County Sanitation ALlth01'Ity WhC11 the mining operations are complete. The agreement has provided a viable long term Source of' water for the County [Comprehensive Police Plcr17, p. 5-3]. Histor A portion Of the property for which the rezoning is being rcqucsted is included in the study area for the Third Battle of Winchester. The Rural Landmarks SLIINCy oI Frederick County identifies 011C IlIStOI'iC Structure oil the site, the Zinn HOLISC (Martin Farm), and one adjacent to the site, 0 • Rezoning 1101-1 1 Cal'I11eLIse NA — Clearbrook Rezoning December 5, 2011 Page 7 Rose Parm. Both these properties are listed as potentially significant properties. TO address the historic preservation policy goal of protecting the historic resources in Frederick County, The Comprehensive Plan provides that the Historic Resources Advisory Board (I-IRAB) review development proposals which potentially impact significant historic 1'CSOLII'Ces and that the I-IRAB's lillormation and recommendations are Iorwardcd t0 the Planning Commission and Board of Supervisors. The recommendation of the I-IRAB accompanies this report. D'anSporlation The Eastern Road Plan of the Comprehensive Policy Plan covers this portion of the County. The Eastern Road Plan IS comprised of the transportation components oI the Var10LIS Area Plans. The transportation component of the Northeast Land Use Plan identifies the need for an ultimate six lane improvement for the Route 1 I corridor in the vicinity of this project. According to VDO f. the Illi111117L1111 right -Of -Way Ilecessary IOr this improvement would be 1 20', or 60' fi'0111 the center of the existing right-of-way. The dedication of right-of-way to support the widening of Route 1 1 should be addressed. 3) Site Stiit-,tbility/Environment "fhe southern property contains environmentally sensitive areas. "fhe applicant has not identified this in the impact analysis. Under C. Suitability Of the site, Environmental FeatUres, it is slated that the subject parcels contain no known environmental featlll'CS. Section G. Historical Sites and Structures, describes that a Phase II Archeological Study is being conducted Of the area adjacent to the spring near the historically significant Martin Fal'i11110LISC. County mapping and Site Observations indicate pond, stream, and wetland featLll'CS Oil the I)rOI)Crty. Any diStUrbance Of identified environmental I'CSOLII'CCS WOUld occur in conformance With applicable County, State, and Federal regulations. The General Soil Map of the Soil Survey of Frederick County, Vir'lllia Indicates that the soils comprising the subject parcels fall under the Oaklet-Carbo-Chilhowic soil association. Multiple soil types are located on the sites. It is recognized that the limestone deposits that underlie the properties provide the ideal geological conditions for Extractive Manufacturing use. In addition, the most productive aquifers in the County are the limestone -carbonate aquifers that are present in this area. 4) Potential Impacts Potential Impact Summary. In evaluating the Carmcusc NA Clearbrook rezoning application it is very important to recognize that the applicant has not proffered a commitment to the use of the property beyond those which would be enabled by the EM (Extractive Manufacturing) District. All land uses, meeting the applicable development standards, Would be permitted within the district based Rezoning 1101-1 1 Cal-MeUse NA — Clearbrook Rezoning December 5, 2011 Page 8 upon the application as Submitted. The COLlnty Is familiar with the operation and practiecs Of the existing Clearbrook Quarry operation and recognizes that the purpose Of the rezoning request is to enable the expansion of' the existing limestone ore extraction operation onto adjacent properties, utilizing this natural resource. However, lacking a commitment that seeks to further define the scope of operations, this application ShOUld be cvalUatcd carefully and with the Understanding that the use of the prOl)CrticS COUld be more intensive than that described in the applicant's impact Stateincrit. Consideration ShOUld be given to the maximum possible intensity of EM (Extractive MailUfaCtUring) Use identified in the COLlnly'S Zoning Ordinance. The impacts associated with this rezoning request may be more significant and Should be Ll1ldCrstood. The applicant should be prepared to address the mitigation of the Impacts associated with this rezoning rcgUeSt, in particular, those impacts and issues identified by the reviewing agencies. Guarantees in the form of proffered conditions have not been oflercd to ensure that the impacts generated by this applicatioIl are limited and consistent with the CIISCLISSIOIl in the Impact Statement. The applicant has the ability to address this through the Proffer Statement. When considering the acreage potential, the dimensional requirements, and the EM District uses, it is possible that facilities located adjacent to Route i I COUICI result, as COUICI facilities located within 50 feet of the adjacent RA zoned property SUITOLInding the Site, lllClUding Clearbrook Park. The scope of the impacts COUICI exceed the projections identif iccl and accommodated in the impact statement and TIA. Historic Resources The Frederick County Historic Resources Advisory Board (FIRAB) considered the O-N Minerals (Chernstone) rezoning application cluring thcir March 16, 2011 meeting. The I-IRAB expressed that they COuld Support the approval of' this projcct II the SLIggeStions offered as a result Of the I-IRAB meeting are considered by the applicant in order to mitigate impacts on the historic resources (Please see I11Z11I3 letter Baled April 1, 2011, signed by C'(inclice L. Perkins, Senior Planner). Transportation. Rev1C\v Of the application indicates that while the applicant contends that overall truck trips On the public road system will ilot increasc, thCrC IS 110 j)rOf ICI' to SUI)I)O't this. While It may be true that daily trips are not Cxpccted t0 increase, the fact remains that rezoning Of this parcel would increase the overall impact to OUr transportation SyS1C111 OVCr t1n1C tlll'OLlgh the enabling Of additional mining activity. NUInCPOUS traffic impact analyses In this area have highlighted the need For improvements and alignment of Brucetown and I-Iopewell Roacl. In addition, the Northeast Land Use Plan calls for interchange modifications and transportation inlprovenlentS to support the planned uses for this area. This includes the area that is proposed for rezoning. Established County policy is that new or additional development 1S responsible for implementation of the comprehensive plan \Vhich calls IOr it. Part Of this responsibillty IS participating in the 111I1'aStrUCtUrC needed to Rezoning 1101-1 1 C11•I1ICLIse NA — Clearbrook Rezoning December 5, 201 1 Page 9 support development Of that comprehensive plan. At this time it does not appeal' that this application adequately addresses that responsibility. The transportation component Of tllc Northeast Land Use Plan Identifies the need for all Ultimate six lane improvement for the Route 1 1 corridor in the vicinity of this project. According to VDOT, the minimum right -Of -way necessary for this improvement would be 120', or 60' from the center of the existing right-of-way. The dedication ofright-of-way to support the widening of Route 1 1 Should be addressed. A TIA was not provided for this project. This determination was based upon a development scenario that has not been proffered. As transportation relates directly to land use it must be recognized that the Proffer Statement does not place a limitation On development beyond that permitted by the district. Therefore, the IlUmber Of Vchlcle trips, and consequently the impacts, could be considerably higher than that described with the development Of additional EM land uses. Mining Operations and COnllllunity Impacts Associated with mining Operations Is the potential for a variety Of impacts that may affect SLII.1.OLllldl1lg properties and land uses. The Division of Mineral Mining of' the Virginia Department of Mines is responsible fol' pel•Illitting mining operations within the State of Virginia including the operations of CarmCLISc at the Cicarbrook QLlal'l'y. The EM (Extractive Manufacturing) District of the Frederick County Zoning Ordinance provides additional local requirements that seek to minimize the impacts associated with Extractive MallllfaCtL11'l11g uses. Provisions and performancc Standards are provided to protect SLIITOLI(ldlllg Uses fl'Onl adverse impacts. Appropriate landscaping or screening may be required by the Zoning Administrator or Planning Commission within any rcgUil'Cd yard Setback area in order to reasonably protect adjacent uses front noise, sight, Clust, or other adverse impacts. hl addition to the potential impacts of the proposed mining operations on the view shed from the historical perspective, conslderat1011 ShOLlld be given t0 the VISLIal impacts Oil the landscape fl'011l the perspective of the adjacent residential landowners and from the perspective of residents and visitors traveling along ROLIte 11, Martinsburg Pike which borders the proposed mining operation. Adiacent properties The EM (Extractive Manufacturing) Cl1Stl•ICt of the COLlllty'S Z0111ng Ordinance provides for additional performance standards which are aimed at pl'O1CCtlllg SLIITOLII1C111lg land USCS fl'011l adverse impacts. Specifically, the following two standards address excavations l . (Front Setback). Excavations Shall be 110 CIOSCI' thall 011e IILiIICII'CCi feet from any road, street, or highway right-of-way. 2. (Side & Rcar Setbacks). Excavations shall be no Closer than one hundred feet from any property zoned RA. No excavation shall be located Closer than 200 feet from any dwelling or platted residential Subdivision. Rezoning 1/01-1 1 Carmeuse NA — Clearbrook Rezoning December 5, 2011 Page 10 ff"aiver Request The applicant, Carnicuse NA - Clearbrook, is seeking a I'CCIL1Ct1011 in the Setback rcgUirement for the EIVI Extractive Manufacturing District as it applies to their property to allow structures and excavations to be located closer to the front, side, and rear property lines than is Currently permitted by Ordinance. More specifically, Carmeusc NA - Clearbrook, are rcgLICSting a waiver t0 Chapter 165 Zoning, Article VI Business and Industrial Zoning Districts. The requested waiver is to Part 608 EM Extractive Mall Uf£LCtUl'ing District, 165-608.05 Setback and Yard Requirements, particularly 165-608.05(A)(2), 165-608.05(B)(1) and 165-608.05(B)(2), to allow the setback requirement be reduced from 75 feet, 100 feet, and 200 feet, respectively, to 50 feet in all cases. Thl'OLlgh a separate action, the Planning Commission should determine if the applicant has, thl'OUgII the Use of meaSUl'CS SLICII as landscaping or screening, effectively protected the adjacent properties, including the residential properties and Clearbrook Park, and along Route 11, the appropriate measure of protection and has not reCluced the effectiveness of the buffering and If the applicant has not satisfactorily dCmonstratcd the CfICCtivencss Of the alternative buffer and screening to the Planning Commission, the proffer statement incorrectly reflects the current setback requirements of the Zoning Ordinance. 3) Proffer Statement — Dated Pcbruary 8, 2011 (Revised July 12, 2011) A) Allowed Uses: The Proffer Statement states that the Properties shall be developed with extractive IllallLlllCtlll'lllg lalld LISCS pUl'SLlant to the approved Milling permit. It should be recognized that the applicant has not proffered a commitment to the use of the property beyond those which would be enabled by the EM (Extractive Mall LlfaCtLll'ing) District. All land uses, meeting the applicable development standards, would be pci-matted within the district based upon the application as submitted. The County is familiar with the operation and practices of the existing Quarry operations, both here and in Middletown, and recognizes that the purpose of the rezoning request is to enable the expansion of the existing limestone ore extraction operation Onto adjacent properties, LltiliZil1g this natUral resource. I-Iowever, lacking a c011 mitlllent that seeks t0 further define the scope of operations, this application should be evalllatCCI Carefully and with the Undcrstanding that the Use Of the pl'OpCI'tieS COUld be more intensive than that dcscribed in the applicant's impact statement. 0 0 Rezoning 1101-1 1 Cal'I11CUSe NA — Clearbrook Rezoning December 5, 201 1 Page I 1 ii. Please refer to the list Of permitted uses and the nlaxinlunl possible intensity of LM (Extractive Manufacturing) use identified in the COLlnty's Zoning Ordinance. AS notCd ])I'CViOLISly, the Impact Analysis states that the Applicant has proffered that activities such as asphalt or concrete mixing plaints, cement and lime kilns, and oil and natural gas extraction will be prohibited. The Proffer Statement does not prohibit such uses, or Other EM uses. B) Access Management and Transportation. i. "file applicant contends that overall truck trips On the public road system will not increase; however, there is nO proffer to Support this. While it may be true that daily trips are not expected to increase, the fact remains that rezoning of this parcel would increase the overall impact to the transportation system. ii. Numerous traffic impact analyses in this area have highlighted the need For improvements and alignment Of BrLlcctown and Hopewell Road. In addition, the Northeast Land Use Plan calls for interchange modifications and transportation impl'OVC111cntS t0 SLI])])Ort the ])1a1111CCI IISCS for this area. At this time it does not appear that this application adequately addresses the responsibility to participate in the illfi'astructLlrC needeCI to support development as identified by the comprehensive plan. ill. The transportation component Of the Northeast Land Use Plan identifies the need for an ultimate six lane inlprovenlcnt for the Route I I corridor in the vicinity of this project. The dedication ofright-of-way to support the widening Of ROLItC 1 I SIIOLIId be addressed. The Applicant has proffered the provision for the dedication of 20' across the property whenever a demand is made for the same by Frederick County or VDOT (6.2). Please mole that said cleclicalion 1N01lICIl)e.,rom within the1)1'oposecl J0'.Sethack, polentiallyrechic•ing the hiffl r along Rollie 11 l0 30'. C) Site Development: i.Proffer 2.2 recognizes Exhibit 2 as the CIOCument detailing the landscaping, bcrming, and excavation activity. file two sections Shown oil Exhibit 2 place the pit wall excavations approximately 53 feet from the road right -of --way and residential lots. This is also the same distance proposed from the County Park. Please recognize that without a waiver, Exhibit 2 proposes standards which COIIfiiCt With the COLlilty'S Zoning Ordinance. ii.Insufficient detail is provided in Proffer 2.2 or Exhibit 2 to accurately define the amount, size, mix, and spacing of the landscaping. Both Proffcr 2.2 and Exhibit 2 relate to each other bllt CIO not adequately provide commitments in the Rezoning 1101-1 1 Cal'meUsc NA — Clearbrook Rezoning December 5, 2011 Page 12 landscaping and berming to guarantee the impacts to the adjacent residential properties within the existing platted subdivision, the Route 1 1 corridor, and the County Park can be adegUately mitigated. iii.Proffer 3.1 addressing Historic Resources does not appear to be a valid proffer as it makes no commitment to CIO anything relating to the Martin FarmlmOLISe, which the Applicant's Phase 1 Archeological Survey identified as having historical Significance. Further clarification and commitment is needed with regards to this issue. The comments provided by the Historic Resources Advisory Board should be addressed. The Applicant has addressed this comment by providing a commitment for the adaptive reuse of the property and the relocation of the berm around the property. D) Mitigatingt1ie Impact Of Development: (.This application does not address the Impacts on Community Facilities. Particular attention ShOLIId be provided to Parks and Recreation, and Fire and Rescue. The Northeast Land Use Plan recognizes the planned development Of capital facilities that would be necessary to support the growth in this area of the County. A new f7rc anti rescue facility in the Clcarbrool< area is recognized anti is a top priority of the CIP. ii.A previous rezoning pertaining to the LM district with the same owner guaranteed to the Frederick County Sanitation Authority rights to the groundwater resources in accordance with existing agreements between the applicant and the FCSA. The proffer Statement should provide clarification that the future use of the property and the development of facilities to support the Utilization of the groundwater resources arc enabled by this rezoning request and Proffer Statement. STAFF CONCLUSIONS FOR THE 06/15/11 PLANNING COMMISSION MEETING: The Carmeuse NA - Clearbrook rezoning application addresses some of the goals of the Comprehensive Plan as described in the staff report. Clements of the rezoning application have been identified that should be carefully evaluated to ensure they fully address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the following: 1. The potential impacts associated with more intensive use of properties. The , zommendations of tl=,e44i4o ic—ReseL+rees-Add i-sei3-Beard-. 3. The potential impacts on adjacent properties. 4. The potential transportation impacts on ROLIte 672 and ROLItC I I Rezoning 1101-1 1 Cal"nIeLIse NA — Clearbrook Rezoning December 5, 2011 Page 13 5. The concerns of the reviewing agencies, in particular the County Attorney. PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/15/1 l MEETING: Six citizens from the Stonewall, Back Creek, and Gainesboro Districts, spoke in support of the rezoning. These citizens 111CILIded employees Of CarmeLISe and privatc enterprises, which depend Oil Carmeuse foI' their business and Collations. The applicants presented a IlUmbcr Of letters Of support and a petition signed by 30 Carmeuse employees. Included Were 15 letters Of support from neighbors in the Clearbrook/Brucetown area and five letters Of support from adjoining property owners. Tile applicant's Area Operations Manager, Mr. James (.Iim) I3ottom, spoke about the IILIIl1C1'OLIS community meetings held with the residents of Bl'LICCtOW11, Clearbrook, Walters Mill Lane, and the small C011lllllllllty across from the School, along with OnC-on-one meetings, t0 determine tile concerns Of the neighbors. He said issues ranged from noise, access, railroad crossings, location and type Of berms, the historical house, and landscaping along property boundaries. Mr. Bottom said the proffers were written based upon residents' feedback and all review agency comments were answered by letter. I-Ie tallied about communications with the Parks & Recreation Department t0 relocate the existing ballfields. A noise and vibration Specialist, hired by the applicant, provided Some technical information and all overview of the results of a noise study COIICILICtCCI. His COIICILIS1011S CO11CC1'lllllg the long-tCl-lll IlOISC condition vas that maximum noise levels would be 62-65 decibels closest to the berm and as operations move away from the berm, noise levels will Cirop due to distance to the mid 50s. I -IC conClLided by noting the overall noise impact with the berm in place would be minimal and will be tile same as background noise from I-81 and Route 11. The applicant's attorney, Mr. Ty Lawson, reviewed tile revised proffers with the Commission. His points included: asphalt and concrete mixing plaints were prof fel'Cd OLIt; the angles on either side of the berms were softened and would include random plantings; and the berm would be moved behind the Martill fal-IIIIIOLISC t0 I)I'CSCI-VC historical vicwshcd. Ill addition, the Martin farmhouse will be placed into adaptive re -use. With regard to transportation issues, Mr. Lawson stated that VDOT was satisfied with the proffers Offered; therefore, no TIA was produced. In addition, VDOT did not Want any additional entrances on Route 11, which is reflected in their proffer, and they will continue to access Brucetown Road. No additional right-of-way for future widening of ROLite 1 I was offered, nor was any contributions toward the realignment of the Brucetown/I-lOpewcll intersection. Planning Commission members asked the applicant about VariOLIS llnl'CSOlved iSSLICS Sl1CIl as, a date for when the relocation of the County's convenience center site would have to be moved so there will be ample time to relocate; the importance Of tile acgLliSitl011 Of fight -Of -Way for the fLltLll'C WidCllillg Of Route I 1 as justified by the newly -adopted Northeast Land Use Plan; a guarantee that Frederick County Will have access to the water now and into the future for its citizens; the potential Of supplying several acres ill this vicinity for the relocation Of a fire and I'CSCLIC building; and placing a new commercial entrance on Route 1 I and removing the primary access on Brucetown Road, due to the poor site distance and curvature of Brucetown Road and the conflict it creates with dump trucks and passenger vehicles. There were also issues raised regarding some discrepancies with the language in the proffers • 0 Rezoning 1101-1 1 C1I'111CUSC NA — Clearbrook Rezoning December 5, 2011 Page 14 and corresponding exhibits regarding the desire to sec the berm "maintained" at tell Iect. I I1C 1SSUe of the close proximity of the pit to act joi ning resi ICntial properties was also diSCLlsscd and practices that could be utilised to be certain that no disrLlptions occur to adjoining properties or water wells. The Planning Commission acted first on the rcgLICStCd waiver. By a majority vote, the Commission tabled the waiver request for 45 clays in order to provide time Im the applicant to revise their proffers. The majority vote was as follows: YES (TO TABLE WAIVER 45 DAYS): Unger, CrOSCII, Manuel, Oates, Wilmot, Kriz, Lemieux NO: Ambrogi, Thomas, Maclagan, Triplett, Mohn ABSTAIN: Crockett The Plallnlllg COIn1111issioii Ilext acted oil t11C 1'czoilling al)plicatloll. By a majority vote, the Commission tabled the rezoning for 45 days to give the applicant time to address the issues raised by the Commission. The majority vote was as follows: YES (TO TABLE REZONING 45 DAYS): Unger, Crosen, Manuel, Oates, Wilmot, Kriz, Triplett, Lemieux, MOI111 NO: Ambrogi, Thomas, Maclagan ABSTAIN: Crockett PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/03/11 MEETING: Some members of the Commission had concerns regarding the waiver. They were concerned about the excavation pit wall conning Within 50 Iect of residential properties and the possibility Of being left with a 30-fool reduced buffer along Route I 1 for the planned ILltUrC expansion. Some Commission members were opposed to the BRICCtOwn Road access and believed tl'LICk traffic should use Route 11. If Brucetown Road was used for truck traffic, they believed there needed to be a limit on the number of trucks, due to the possibility of other allowed uses in the EM District affecting the traffic volume. The absence of an offer of property in recognition Of the fire and rescue facility Was also raised as a concern. The President of the Board of Directors of the Clearbrook VOILIIntCC1' Fire & Rescue Company Said that Clearbrook Volunteer Fire & Rescue Company and the gllarry owners have come to a 111UtUal agreement regarding a land exchange at a futUrC (late. A Commissioner asked the III'c C0I11pa11y if they WOUld present their contract to the Board of Supervisors so their capital improvement request COuld be removed from the CIP. The applicant's attorney noted that this is an agreement between two private property owners. Other Commission members did not believe this property agreement SIIOLIId INCCILICIC the fire company from being on the CIP; it was felt they are providing public service and should continue to be able to benefit from any proffer funds that may be collected. It was noted that the value Of the CIP is not purely about property, but it also legitimizes public proffer funds being directed towards a fire company. Rezoning 110 1 -11 Carmeuse NA — Clearbrook Rezoning December 5, 2011 Page 15 There were no public comments. The waiver request with a modified buffer was approved by a majority vote. A reconimenclatlon of approval of the rezoning was made by a ma'jorlty vote with an additional recommendation that the Board work to resolve the issuC with the Clcarbrook Volunteer Fire & Rescue Company. The vote was as follows: YES (TO REC. APPROVAL OF REZONING): Mohn, LCIIIICu\, TI'IplCtt, Kriz, Madagan, Wilmot, Oates, Manuel, /Ambrogl, Crosen NO: Unger ABSTAIN: Crockett (Note: Commissioner Thomas was absent from the meeting.) REZ#01-11 Carmeuse - NA Clearbrook Rezoning PINs:44-A-83,83A &33-A-144 3+F3A FRLDE SL COUNTY � L1 I111111111t rij /44 A�77A 04 FREDERICK COUNTY FAIV �a Q % "A 85 NEFF RONALD 44A"S MAINES T EARL �'� a-HAZELT ones. oe. w 4S A REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: CV Fee Amount Paid $ dlq Zoning Amendment Number Date Received 5-1,20111 PC Hearing Date 6v BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: O-N Minerals (Chemstone) Company Name: d/b/a Carmeuse Lime 8 Stone Telephone: (412) 638-1581 Address: 11 Stanwix Street, 21 st Floor Pittsburgh, PA 15222 Name: Frances Q. Martin as holder of life estate interest in parcel 44-A-83 Address: 3004 Martinsburg Pike Stephenson V A 22656 2. Property Owner (if different than above) Name: Same as applicants Address: 3. Contact person if other than above Name: Thomas Moore Lawson. Esq Telephone: _Telephone: (540) 665-0050 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 12 q,i S. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone Frances G. Martin as holder of life estate interest in parcel 44-A-83 6. A) Current Use of the Property: Residential (RA) B) Proposed Use of the Property: Mining (EM) 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See attached 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 508 Quarry Lane (that portion not currently zoned EM), 3004 Martinsburg Pike and 3180 Martinsburg Pike. The subject parcels are located between the intersections of Route 11 with Brucetown Road (SR 672) and with Walters Mill Lane (SR 836). 13 I] 0 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 0 Townhome: 0 Multi -Family: 0 Non -Residential Lots: 1 Mobile Home: 0 IIotel Rooms: o Square Footage of Proposed Uses Office: o Service Station: o Retail: 0 Manufacturing: 0 Restaurant: 0 Warehouse: 0 Other: 55.2 acres - quarry operations 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Conunission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: O-N erals (Chemstone Company) d/b/a Carmeuse Lime & Stone �YAAV-Z A M242Date: Frances G. Martin as holder of life estate interest in parcel 44-A-83 Owner(s): L -- - Date: e/-Z I -e6 I O- inerals (Chemstone ompany) d/b/a Carmeuse Lime & Stone 'F�A.A/ Date: Frances G. Martin as holder of life estate interest in parcel 44-A-83 14 Adjoining Property Owners Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: County of Frederick 107 N. Kent Street Property #: 33-A-162A Winchester, VA 22601 Name: County of Frederick 107 N. Kent Street Property #: 33-A-162B Winchester, VA 22601 Name: Kesari Third Generation LLC 11499 White Oak Ct Property #: 33-A-164B Herndon, VA 20170 Wampler Jack K Sr & Jack K Jr P/A Name: Wampler's Mobile Homes 2648 Martinsburg Pike Property #: 33-A-164D Stephenson, VA 22656 Name: Richardson Kimberly Dick & John Franklin 107 Cotswold Court Property #: 33 A 164E Stephens City, VA 22655 Name: Frederick Land Company LC 893 Clubhouse Road Property #: 33-A-166 York, PA 17403 Name: Frederick Land Company LC 893 Clubhouse Road Property #: 34-A-20 York, PA 17403 Name: White Harry S. Jr. 385 Back Mountain Road Property #: 34-A-24D Winchester, VA 22602 Name: Frederick County Fair c/o Chester Lauck 167 Fairground Road Property #: 44-A-77A Clearbrook, VA 22624 Name: Stonewall District Ruritan c/o Joseph Hulver 1023 Redbud Road Property #: 44-A-81 Winchester, VA 22603 Name: Frederick County School Board P.O. Box 3058 Property #: 44-A-82 Winchester, VA 22604 Name: Umbenour Max J & Margaret M 115 Walters Mill Lane Property #: 44-A-84 Stephenson, VA 22656 Name: Bachmann Jane Brumback 137 William Richmond Property #: 44-A-95 Williamsburg, VA 23185 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44-A-96 York, PA 17403 15 E 0 Name Address Property Identification Number (PIN) Name: Roberts Gregory G. 130 Tatanka Lane Property #: 44-A-96A Stephenson, VA 22656 Name: Cutshaw Alan W & Susan J P.O. Box 133 Property #: 44-A-96C Stephenson, VA, 22656 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44-A-96D York, PA 17403 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44-A-97 York, PA 17403 Name: Anderson Mark D & Cheryl L 1419 Ramseur Ln Property #: 44-A-100 Winchester, VA 22601 Name: Gray Mark T, Gray Tina M 611 Walters Mill Lane Property #: 44-A-103 Stephenson, VA 22656 Name: Williams Gregory H P.O. Box 443 Property #: 44-A-106 Stephenson, VA 22656 Name: London Roy Alfred III 3172 Martinsburg Pike Property #: 44A-1-1 Clearbrook, VA 22624 Name: Rudy Glenn B 621 Tennyson Avenue Property #: 44A-1-2 Winchester, VA 22601 Name: Hedrick David R. & Sandra L. 3154 Martinsburg Pike Property #: 44A-1-3 Clearbrook, VA 22624 Name: Cornwell Clarke & Tina 3144 Martinsburg Pike Property #: 44A-1-4 Clearbrook, VA 22624 Name: Myers Lolita L. 3134 Martinsburg Pike Property #: 44A-1-5 Clearbrook, VA 22624 Name: Bly Kenneth L. & Joy A 3126 Martinsburg Pike Property #: 44A-1-6 Clearbrook, VA 22624 Name: SK Associates Inc. 11499 White Oak Court Property #: 44A-1-7 Herndon, VA 20170 Name: Clemons Richard Lee & Mary D 3106 Martinsburg Pike Property #: 44A-1-8 Clearbrook, VA 22624 Name: Butts Joseph L. & Sylvia P. 3096 Martinsburg Pike Property #: 44A-1-9 Clearbrook, VA 22624 Name: Payne Marion D. Jr. 3086 Martinsburg Pike Property #: 44A-1-10 Clearbrook, VA 22624 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 45-A-1 York, PA 17403 Name: Carter Robert W 827 Gun Club Rd Property #: 45-A-8 Stephenson, VA 22656 Name: Anderson Mark D 1419 Ramseur Ln Property #: 45-A-8C Winchester, VA 22601 16 0 0 REZONING APPLICATION 401-11 CARMEUSE NA — CLEAIZ131ZOOK REZONING Staff Report for the Board of Supervisors Prepared: September 7, 2011 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 06/15/1 1 Tabled 45 days 08/03/1 1 Recommended approval Board of Supervisors: 09/14/1 1 Pending PROPOSAL: To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Ma111.1factUr111g) District, with proffers. LOCATION: The properties, with addresses of 508 Quarry Lanc, 3004 Martinsburg Pike and 3180 MartinsbUl'g Pike, are located on the cast side of Route 1 1 between the intersections of'Brucetown Road (Route 672) and Walters Mill Lane (Route 836). EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR T14E 09/14/11 BOARD OF SUPERVISORS MEETING: The Carmeusc NA - Clcarbrook rezoning application addresses some of the goals of tlic Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure they fully address specific components of the Comprehensive Plan. In addition, the Board should ensure that the impacts associated with this rezoning regLlCSt have been fully addressed by the applicant. The Applicant has provided the County with a revised proffer statement dated July 12, 2011 and a revised Exhibit #2 dated August 3, 2011. The proffer revision was signed by representatives on July 22, 2011 and July 26, 2011. A waiver request with a modified buffer was approved by the Planning Commission on ALlgUst 3, 2011. This waiver enables a 50-feet setback against Route 1 1 and the adjacent residences located on Route 11, rather than the required 100 foot and 200 foot setbacks, respectively. The modified buffer requires that additional landscaping is to be placed within this bLlffcr area. This is a Planning Commission approval; no Board action on the waiver is required. The Planning Commission forwards a recommendation for approval of the rezoning with all additional recommendation that the Board work to resolve the issue with the Clearbrook Volunteer hire & RCSCLIC Company's future site. Rezoning #01-1 1 Carmeuse NA — Clearbrook Rezoning September 7, 2011 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 06/15/11 Tabled 45 days 08/03/11 Recommended approval Board of Supervisors: 09/14/11 Pending PROPOSAL: To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. LOCATION: The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route I 1 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-83, 44-A-83A and 33-A-144 (portion of (see exhibit)) PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant/Agricultural/Residential/Park ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Clearbrook Park South: RA (Rural Areas) Use: Residential/Agricultural East: EM (Extractive Manufacturing Use: Quarry West: RA (Rural Areas) Use: School/Residential/Vacant/Fairgrounds i 0 Rezoning #01-11 Carmeuse NA — Clearbrook Rezoning September 7, 2011 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 672. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers offered in the Carmeuse Lime & Stone Rezoning Application dated February, 2011, address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to cormnent on all right- of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plans approved. Clearbrook Volunteer Fire Co., Inc. — Follow Frederick County Fire & Rescue recommendations. (Note: The folunteer Company stated at August 3, 2011 Planning Commission meeting that an agreement has been ia,orked out ivith Carmeuse to secure a future site for the volunteer company. A copy of the agreement has not been made available to the Planning Commission.) Public Works Department: 1. Refer to Site and Land Use I-Iistoty, page 3: The discussion references the quarry company's attempts to meet with adjacent residents to address concerns to insure minimal impact to the surrounding community. This discussion should be expanded to include the measures that will be employed to remediate the impacts of the open pit mining operations on the ten single family residents located along Route 11. In particular, we anticipate the impacts from the mining operations will include dust, noise, lower groundwater levels and possible damage to building structures. 2. Refer to Soils/Geology, page 4: Expand the discussion to include a description of the actual geological formations that will be impacted and extracted by the proposed mining operations. 3. Refer to Solid Waste Disposal, page 5: The proposed rezoning incorporates property that is currently leased by Frederick County for use as a citizens' refuse disposal site. Frederick County signed a lease with O-N Minerals to use this property which is located immediately east of the park's ball field. The lease included an initial ten year time frame with two, five year renewals. At the time the lease was executed, representatives from O-N Minerals indicated that they anticipated underground mining to remove the high calcium limestone. Based on the proposed rezoning, we understand that Carmeuse NA plans to continue the current open pit approach. Nevertheless, considering the investment that Frederick County has made to this site to acconunodate citizen refuse, we would appreciate the continued use of this site until at least 2024. If this request fits within the proposed development time frame of the quarry operations, we would appreciate that it be included in the proffer statement. Sanitation Authority: No comments. Frederick -Winchester Health Department: Health Department has no objection to the request so long as no existing or proposed drainfields and wells are negatively impacted. a Rezoning '0 1 -11 Carmeuse NA — Clearbrook Rezoning September 7, 2011 Page 4 Historic Resources Advisory Board: Please see attached letter dated April 1, 2011, from Candice E. Perkins, AICP, Senior Planner. (Note: Exhibit 2, dated July 28, 2011, represents the relocated berm and screening around the Martin House and the adaptive reuse of the Martin House, addressing the comments of the HRAB. ) Department of Parks & Recreation: No comment. Winchester Regional Airport: We have completed a review of the proposed rezoning application and determined the rezoning should not impact operations of the Winchester Regional Airport. Frederick County Public Schools: Please see attached letter dated April 18, 2011, from K Wayne Lee, Jr., Coordinator of Planning and Development. Frederick County Attorney: Please see attached letter dated April 10, 2011, from Roderick B. Williams, CountyAtlorney. Planning Department: Please see attached Memorandum dated April 15, 2011, from Michael T. Ruddy, AICP, Depuly Planning Director. Planning & Zoning: 1) Site Histot-y The original Frederick County zoning map (U.S.G.S. Inwood/Stephenson Quadrangles) identify the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. The balance of parcel 33-A-144 not zoned RA was zoned EM during the County's comprehensive downizoning RZ#13-80 completed in 1980. The most recent rezoning from RA to EM in the vicinity of this property occurred with RZ#010-98 when W.S. Frey rezoned 31.74 acres at the southern end of their property. Numerous adjustments to the boundaries of the parcels in this area have occurred in recent years. The applicant has provided a plat which depicts a zoning boundary within parcel 33-A-144. This line appears to accurately reflect the existing boundary of the EM zoned land. The County agrees that the location identified on the plat resolves any ambiguity as to the zoning boundary. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public 0 • Rezoning 401-11 Canneuse NA — Clearbrook Rezoning September 7, 2011 Page 5 facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [2007 Comprehensive Policy Plan, p. 1-1] Land Use. The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The Comprehensive Policy Plan identifies the general area surrounding this property with an industrial land use designation. In general, the proposed Extractive Manufacturing (EM) land use designation for this property is consistent with this industrial land use designation of the Comprehensive Plan. This consistency was confirmed during the approval process for the adopted Northeast Land Use Plan in 2010. The Draft 2030 Comprehensive Plan includes the Northeast Land Use Plan as an approved Area Plan in Appendix I. Therefore, the proposed Comprehensive Plan would continue to recognize the properties consistency with the Comprehensive Plan from a land use perspective. Site Access. The impact statement and proffer statement describe that public road access will be provided to the rezoned parcel and that all traffic will continue to use the existing quarry entrance on Brucetown Road, Route 672. Access by vehicles needed for periodic maintenance of the properties shall not be limited. Environment Issues concerning water quality; quantity, use, and protection of water resources are directly related to land development activities. Water supplies are needed to support development, while surface and groundwater are potentially affected by development activities [Comprehensive Policy Plan, p. 5-3]. Major sources of water used in the County are groundwater and the North Fork of the Shenandoah River. In 2000, the Frederick County Sanitation Authority entered a seventy year lease with Global Stone Chemstone Corporation (Global). Global owns quarries at Clearbrook, Middletown, and Strasburg (Please note the ownership of the quarries has subsequently changed). The lease provides the water from these quarries as a source of supply and transfers title of the quarries to the Frederick County Sanitation Authority when the mining operations are complete. The agreement has provided a viable long term source of water for the County [Comprehensive Policy Plan, p. 5-3]. History A portion of the property for which the rezoning is being requested is included in the study area for the Third Battle of Winchester. The Rural Landmarks Survey of Frederick County identifies one historic structure on the site, the Zinn House (Martin Farm), and one adjacent to the site, Rose Farm. Both these properties are listed as potentially significant properties. Rezoning 90 1 -11 Carmeuse NA — Clearbrook Rezoning September 7, 2011 Page 6 To address the historic preservation policy goal of protecting the historic resources in Frederick County, The Comprehensive Plan provides that the Historic Resources Advisory Board (I IRAB) review development proposals which potentially impact significant historic resources and that the HRAB's information and recommendations are forwarded to the Planning Commission and Board of Supervisors. The recommendation of the I-IRAB accompanies this report. Transportation The Eastern Road Plan of the Comprehensive Policy Plan covers this portion of the County. The Eastern Road Plan is comprised of the transportation components of the various Area Plans. The transportation component of the Northeast Land Use Plan identifies the need for an ultimate six lane improvement for the Route I l corridor in the vicinity of this project. According to VDOT, the minimum right-of-way necessary for this improvement would be 120', or 60' from the center of the existing right-of-way. The dedication of right-of-way to support the widening of Route I I should be addressed. 3) Site Suitability/Environment The southern property contains environmentally sensitive areas. The applicant has not identified this in the impact analysis. Under C. Suitability of the site, Environmental Features, it is stated that the subject parcels contain no known environmental features. Section G. Historical Sites and Structures, describes that a Phase II Archeological Study is being conducted of the area adjacent to the spring near the historically significant Martin Farmhouse. County mapping and site observations indicate pond, stream, and wetland features on the property. Any disturbance of identified environmental resources would occur in conformance with applicable County, State, and Federal regulations. The General Soil Map of the Soil Survey of Frederick County, Vir ig nia indicates that the soils comprising the subject parcels fall under the Oaklet-Carbo-Chilhowie soil association. Multiple soil types are located on the sites. It is recognized that the limestone deposits that underlie the properties provide the ideal geological conditions for Extractive Manufacturing use. In addition, the most productive aquifers in the County are the limestone -carbonate aquifers that are present in this area. 4) Potential Impacts Potential Impact Sununai:y. In evaluating the Carmeuse NA Clearbrook rezoning application it is very important to recognize that the applicant has not proffered a commitment to the use of the property beyond those which would be enabled by the EM (Extractive Manufacturing) District. All land uses, meeting the applicable development standards, would be permitted within the district based upon the application as submitted. The County is familiar with the operation and practices of the existing Clearbrook Quarry operation and recognizes that the purpose of the rezoning Rezoning 901-11 Carmeuse NA — Clearbrook Rezoning September 7, 2011 Page 7 request is to enable the expansion of the existing limestone ore extraction operation onto adjacent properties, utilizing this natural resource. However, lacking a commitment that seeks to further define the scope of operations, this application should be evaluated carefully and with the understanding that the use of the properties could be more intensive than that described in the applicant's impact statement. Consideration should be given to the maximum possible intensity of EM (Extractive Manufacturing) use identified in the County's Zoning Ordinance. The impacts associated with this rezoning request may be more significant and should be understood. The applicant should be prepared to address the mitigation of the impacts associated with this rezoning request, in particular, those impacts and issues identified by the reviewing agencies. Guarantees in the form of proffered conditions have not been offered to ensure that the impacts generated by this application are limited and consistent with the discussion in the Impact Statement. The applicant has the ability to address this through the Proffer Statement. When considering the acreage potential, the dimensional requirements, and the EM District uses, it is possible that facilities located adjacent to Route 11 could result, as could facilities located within 50 feet of the adjacent RA zoned property surrounding the site, including Clearbrook Park. The scope of the impacts could exceed the projections identified and accommodated in the impact statement and TIA. Historic Resources The Frederick County Historic Resources Advisory Board (I-IRAB) considered the O-N Minerals (Chemstone) rezoning application during their March 16, 2011 meeting. The HRAB expressed that they could support the approval of this project if the suggestions offered as a result of the HRAB meeting are considered by the applicant in order to mitigate impacts on the historic resources (Please see HRAB letter dated April 1, 2011, signed by Candice E. Perkins, Senior Planner). Transportation. Review of the application indicates that while the applicant contends that overall truck trips on the public road system will not increase, there is no proffer to support this. While it may be true that daily trips are not expected to increase, the fact remains that rezoning of this parcel would increase the overall impact to our transportation system over time through the enabling of additional mining activity. Numerous traffic impact analyses in this area have highlighted the need for improvements and aligmnent of Brucetown and Hopewell Road. In addition, the Northeast Land Use Plan calls for interchange modifications and transportation improvements to support the plaiuied uses for this area. This includes the area that is proposed for rezoning. Established County policy is that new or additional development is responsible for implementation of the comprehensive plan which calls for it. Part of this responsibility is participating in the infrastructure needed to support development of that comprehensive plan. At this time it does not appear that this application adequately addresses that responsibility. • 0 Rezoning ;#01-11 Carmeuse NA — Clearbrook Rezoning September 7, 2011 Page 8 The transportation component of the Northeast Land Use Plan identifies the need for an ultimate six lane improvement for the Route 11 corridor in the vicinity of this project. According to VDOT, the minimum right-of-way necessary for this improvement would be 120', or 60' from the center of the existing right-of-way. The dedication of right-of-way to support the widening of Route 11 should be addressed. A TIA was not provided for this project. This determination was based upon a development scenario that has not been proffered. As transportation relates directly to land use it must be recognized that the Proffer Statement does not place a limitation on development beyond that permitted by the district. Therefore, the number of vehicle trips, and consequently the impacts, could be considerably higher than that described with the development of additional EM land uses. Mining Operations and Community Impacts Associated with mining operations is the potential for a variety of impacts that may affect surrounding properties and land uses. The Division of Mineral Mining of the Virginia Department of Mines is responsible for permitting mining operations within the State of Virginia including the operations of Carmeuse at the Clearbrook Quarry. The EM (Extractive Manufacturing) District of the Frederick County Zoning Ordinance provides additional local requirements that seek to minimize the impacts associated with Extractive Manufacturing uses. Provisions and performance standards are provided to protect surrounding uses from adverse impacts. Appropriate landscaping or screening may be required by the Zoning Administrator or Planning Commission within any required yard setback area in order to reasonably protect adjacent uses from noise, sight, dust, or other adverse impacts. In addition to the potential impacts of the proposed mining operations on the view shed from the historical perspective, consideration should be given to the visual impacts on the landscape from the perspective of the adjacent residential landowners and from the perspective of residents and visitors traveling along Route 11, Martinsburg Pike which borders the proposed mining operation. Adjacent properties The EM (Extractive Manufacturing) district of the County's Zoning Ordinance provides for additional performance standards which are aimed at protecting surrounding land uses from adverse impacts. Specifically, the following two standards address excavations 1. (Front Setback). Excavations shall be no closer than one hundred feet from any road, street, or highway right-of-way. 2. (Side & Rear Setbacks). Excavations shall be no closer than one hundred feet from any property zoned RA. No excavation shall be located closer than 200 feet from any dwelling or platted residential subdivision. Waiver Request The applicant; Carmeuse NA - Clearbrook, is seeking a reduction in the setback requirement for Rezoning POI-1 1 Carmeuse NA — Clearbrook Rezoning September 7, 2011 Page 9 the EM Extractive Manufacturing District as it applies to their property to allow structures and excavations to be located closer to the front, side, and rear property lines than is currently permitted by Ordinance. More specifically, Carmeuse NA - Clearbrook, are requesting a waiver to Chapter 165 Zoning, Article VI Business and Industrial Zoning Districts. The requested waiver is to Part 608 EM Extractive Manufacturing District, 165-608.05 Setback and Yard Requirements, particularly 165-608.05(A)(2), 165-608.05(B)(1) and 165-608.05(B)(2), to allow the setback requirement be reduced from 75 feet, 100 feet, and 200 feet, respectively, to 50 feet in all cases. Through a separate action, the Planning Commission should determine if the applicant has, through the use of measures such as landscaping or screening, effectively protected the adjacent properties, including the residential properties and Clearbrook Park, and along Route 11, the appropriate measure of protection and has not reduced the effectiveness of the buffering and screening. If the applicant has not satisfactorily demonstrated the effectiveness of the alternative buffer and screening to the Plamling Commission, the proffer statement incorrectly reflects the current setback requirements of the Zoning Ordinance. 3) Proffer Statement —Dated February 8, 2011 (Revised July 12, 2011) A) Allowed Uses: i. The Proffer Statement states that the Properties shall be developed with extractive manufacturing land uses pursuant to the approved mining permit. It should be recognized that the applicant has not proffered a commitment to the use of the property beyond those which would be enabled by the EM (Extractive Manufacturing) District. All land uses, meeting the applicable development standards, would be permitted within the district based upon the application as submitted. The County is familiar with the operation and practices of the existing Quarry operations, both here and in Middletown, and recognizes that the purpose of the rezoning request is to enable the expansion of the existing limestone ore extraction operation onto adjacent properties, utilizing this natural resource. However, lacking a commitment that seeks to further define the scope of operations, this application should be evaluated carefully and with the understanding that the use of the properties could be more intensive than that described in the applicant's impact statement. ii. Please refer to the list of permitted uses and the maximum possible intensity of EM (Extractive Manufacturing) use identified in the County's Zoning Ordinance. As noted previously, the Impact Analysis states that the Applicant has proffered that activities such as asphalt or concrete mixing plants, cement Rezoning #01-11 Carmeuse NA — Clearbrook Rezoning September 7, 2011 Page 10 and lime kilns, and oil and natural gas extraction will be prohibited. The Proffer Statement does not prohibit such uses, or other EM uses. B) Access Management and Transportation. i. The applicant contends that overall truck trips on the public road system will not increase; however, there is no proffer to support this. While it may be true that daily trips are not expected to increase, the fact remains that rezoning of this parcel would increase the overall impact to the transportation system. ii. Numerous traffic impact analyses in this area have highlighted the need for improvements and alignment of Bruectown and Hopewell Road. In addition, the Northeast Land Use Plan calls for interchange modifications and transportation improvements to support the planned uses for this area. At this time it does not appear that this application adequately addresses the responsibility to participate in the infrastructure needed to support development as identified by the comprehensive plan. iii. The transportation component of the Northeast Land Use Plan identifies the need for an ultimate six lane improvement for the Route 11 corridor in the vicinity of this project. The dedication of right-of-way to support the widening of Route I I should be addressed. The Applicant has proffered the provision for the dedication of 20' across the property whenever a demand is made for the same by Frederick County or VDOT (6.2). Please note that said dedication 1a,ould be fi-oin within the proposed 50'setback, potentially reducing the buffer along Route 11 to 30'. C) Site Development: i.Proffer 2.2 recognizes Exhibit 2 as the document detailing the landscaping, berming, and excavation activity. The two sections shown on Exhibit 2 place the pit wall excavations approximately 53 feet from the road right-of-way and residential lots. This is also the same distance proposed from the County Park. Please recognize that without a waiver, Exhibit 2 proposes standards which conflict with the County's Zoning Ordinance. ii.Insufficient detail is provided in Proffer 2.2 or Exhibit 2 to accurately define the amount, size, mix, and spacing of the landscaping. Both Proffer 2.2 and Exhibit 2 relate to each other but do not adequately provide commitments in the landscaping and berming to guarantee the impacts to the adjacent residential properties within the existing platted subdivision, the Route 11 corridor, and the County Park can be adequately mitigated. iii.Proffer 3.1 addressing Historic Resources does not appear to be a valid proffer Rezoning 401-11 Carrneuse NA — Clearbrook Rezoning September 7, 2011 Page 11 as it makes no commitment to do anything relating to the Martin Farmhouse, which the Applicant's Phase 1 Archeological Survey identified as having historical significance. Further clarification and commitment is needed with regards to this issue. The comments provided by the Historic Resources Advisory Board should be addressed. The Applicant has addressed this comment by providing a commitment for the adaptive reuse of the property and the relocation of the berm around the property. D) Mitigating the Impact of Development: i.This application does not address the impacts on Community Facilities. Particular attention should be provided to Parks and Recreation, and Fire and Rescue. The Northeast Land Use Plan recognizes the planned development of capital facilities that would be necessary to support the growth in this area of the County. A new fire and rescue facility in the Clearbrook area is recognized and is a top priority of the CIP. ii.A previous rezoning pertaining to the EM district with the same owner guaranteed to the Frederick County Sanitation Authority rights to the groundwater resources in accordance with existing agreements between the applicant and the FCSA. The proffer Statement should provide clarification that the future use of the property and the development of facilities to support the utilization of the groundwater resources are enabled by this rezoning request and Proffer Statement. STAFF CONCLUSIONS FOR THE 06/15/11 PLANNING COMMISSION MEETING: The Carmeuse NA - Clearbrook rezoning application addresses some of the goals of the Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure they fully address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the following: 1. The potential impacts associated with more intensive use of properties. 2 -h ; eeenEBendati-ens-ef-they- i-stogy-ie-Resour-ces-4v -sery-Boat 3. The potential impacts on adjacent properties. 4. The potential transportation impacts on Route 672 and Route 11 5. The concerns of the reviewing agencies, in particular the County Attorney. Rezoning 110 1 -11 Carmeuse NA — Clearbrook Rezoning September 7, 2011 Page 12 PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/15/11 MEETING: Six citizens from the Stonewall, Back Creek, and Gainesboro Districts, spoke in support of the rezoning. These citizens included employees of Carmeuse and private enterprises, which depend on Carmeuse for their business and donations. The applicants presented a number of letters of support and a petition signed by 30 Carmeuse employees. Included were 15 letters of support from neighbors in the Clearbrook/Brucetown area and five letters of support from adjoining property owners. The applicant's Area Operations Manager, Mr. James (Jim) Bottom, spoke about the numerous community meetings held with the residents of Brucetown, Clearbrook, Walters Mill Lane, and the small community across from the school, along with one-on-one meetings, to determine the concerns of the neighbors. He said issues ranged from noise, access, railroad crossings, location and type of berms, the historical house, and landscaping along property boundaries. Mr. Bottom said the proffers were written based upon residents' feedback and all review agency comments were answered by letter. He talked about communications with the Parks & Recreation Department to relocate the existing ballfields. A noise and vibration specialist, hired by the applicant, provided some technical information and an overview of the results of a noise study conducted. IIis conclusions concerning the long-term noise condition was that maximum noise levels would be 62-65 decibels closest to the berm and as operations move away from the berm, noise levels will drop due to distance to the mid 50s. IIe concluded by noting the overall noise impact with the berm in place would be minimal and will be the same as background noise from I-81 and Route 11. The applicant's attorney, Mr. Ty Lawson, reviewed the revised proffers with the Conunission. IIis points included: asphalt and concrete mixing plants were proffered out; the angles on either side of the berms were softened and would include random plantings; and the berm would be moved behind the Martin farmhouse to preserve historical viewshed. In addition, the Martin farmhouse will be placed into adaptive re -use. With regard to transportation issues, Mr. Lawson stated that VDOT was satisfied with the proffers offered; therefore, no TIA was produced. In addition, VDOT did not want any additional entrances on Route 11, which is reflected in their proffer, and they will continue to access Brucetol,vm Road. No additional right-of-way for future widening of Route 11 was offered, nor was any contributions toward the realigmnent of the Brucetown/Hopewell intersection. Planning Commission members asked the applicant about various unresolved issues such as, a date for when the relocation of the County's convenience center site would have to be moved so there will be ample time to relocate; the importance of the acquisition of right-of-way for the future widening of Route 11 as justified by the newly -adopted Northeast Land Use Plan; a guarantee that Frederick County will have access to the water now and into the future for its citizens; the potential of supplying several acres in this vicinity for the relocation of a fire and rescue building; and placing a new commercial entrance on Route 11 and removing the primary access on Brucetown Road, due to the poor site distance and curvature of Brucetown Road and the conflict it creates with dump trucks and passenger vehicles. There were also issues raised regarding some discrepancies with the language in the proffers and corresponding exhibits regarding the desire to see the berm "maintained" at ten feet. The issue of Rezoning #01-1 1 Carmeuse NA — Clearbrook Rezoning September 7, 2011 Page 13 the close proximity of the pit to adjoining residential properties was also discussed and practices that could be utilized to be certain that no disruptions occur to adjoining properties or water wells. The Planning Conunission acted first on the requested waiver. By a majority vote, the Commission tabled the waiver request for 45 days in order to provide time for the applicant to revise their proffers. The majority vote was as follows: YES (TO TABLE WAIVER 45 DAYS): Unger, Crosen, Manuel, Oates, Wilmot, Kriz, Lemieux NO: Ambrogi, Thomas, Madagan, Triplett, Mohn ABSTAIN: Crockett The Planning Commission next acted on the rezoning application. By a majority vote, the Commission tabled the rezoning for 45 days to give the applicant time to address the issues raised by the Commission. The majority vote was as follows: YES (TO TABLE REZONING 45 DAYS): Unger, Crosen, Manuel, Oates, Wilmot, Kriz, Triplett, Lemieux, Mohn NO: Ainbrogi, Thomas, Madagan ABSTAIN: Crockett PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/03/11 MEETING: Some members of the Commission had concerns regarding the waiver. They were concerned about the excavation pit wall coming within 50 feet of residential properties and the possibility of being left with a 30-foot reduced buffer along Route I 1 for the planned future expansion. Some Commission members were opposed to the Brucetown Road access and believed truck traffic should use Route 11. If Bruceto,Agi Road was used for truck traffic, they believed there needed to be a limit on the number of trucks, due to the possibility of other allowed uses in the E-M District affecting the traffic volume. The absence of an offer of property in recognition of the fire and rescue facility was also raised as a concern. The President of the Board of Directors of the Clearbrook Volunteer Fire & Rescue Company said that Clearbrook Volunteer Fire & Rescue Company and the quarry owners have come to a mutual agreement regarding a land exchange at a future date. A Commissioner asked the fire company if they would present their contract to the Board of Supervisors so their capital improvement request could be removed from the CIP. The applicant's attorney noted that this is an agreement between two private property owners. Other Commission members did not believe this property agreement should preclude the fire company from being on the CIP; it was felt they are providing public service and should continue to be able to benefit from any proffer funds that may be collected. It was noted that the value of the CIP is not purely about property, but it also legitimizes public proffer funds being directed towards a fire company. Rezoning #01-11 Carmeuse NA — Clearbrook Rezoning September 7, 2011 Page 14 There were no public comments. The waiver request with a modified buffer was approved by a majority vote. A recommendation of approval of the rezoning was made by a majority vote with an additional reconunendation that the Board work to resolve the issue with the Clearbrook Volunteer Fire & Rescue Company. The vote was as follows: YES (TO REC. APPROVAL OF REZONING): Mohn, Lemieux, Triplett, Kriz, Madagan, Wilmot, Oates, Manuel, Ainbrogi, Crosen NO: Unger ABSTAIN: Crockett (Note: Commissioner Thomas was absent from the meeting.) COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Planning Commission FROM: Michael T. Ruddy, AICP Deputy Director -�-. RE: Waiver Request — Carineusc NA - Clearbrook DATE: July 18, 2011 The applicant, Carmeuse NA - Clearbrook, is seeking a reduction in the setback requirement for the EM Extractive Manufacturing District as it applies to their property to allow structures and excavations to be located closer to the front, side, and rear property lines than is currently permitted by Ordinance. More specifically, Carmeuse NA - Clearbrook, are requesting a waiver to Chapter 165 Zoning, Article VI Business and Industrial Zoning Districts. The requested waiver is to Part 608 EM Extractive Manufacturing District, 165-608.05 Setback and Yard Requirements, particularly 165- 608,05(A)(2), 165-608.05(13)(1) and 165-608.05(B)(2), to allow the setback requirement be reduced from 75 fleet, 100 feet, and 200 feet, respectively, to 50 lect in all cases. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route I l with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and 33-A-144 (portion oo. This property is subject to Rezoning #01-11. Background The relevant sections of the Zoning Ordinance are as follows: 165-608.05 A (2) Excavations shall be no closer than one hundred feet from any road, street or highway right-of-way. The Planning Commission may reduce the required front setback for excavation to 50 feet if it determines that, through the use of measures such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Planning Commission RE: Carmeuse NA EM setback waiver July 18, 201 1 Page 2 165-608.05 a Side and rear setbacks. All principle and accessory structures shall be set back at least 25 feet from any side or rear property boundary. SQL No structure shall be closer than 100 feet from any property line zoned RA, RP, R4, R5 or MH1. The Planning Commission may reduce this required setback to 50 feet if it determines that, through the use of measures such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. (2) Excavations shall be no closer than one hundred feet from any property zoned RA, RP, R4, R5 or MH1. No excavation shall be located closer than 200 feet from any dwelling or platted residential subdivision. The Planning Commission may reduce these required setbacks to 50 feet if it determines that, through the use of measures such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. The Applicant submitted an exhibit with their rezoning application which depicts the general locations of the proposed screening and the berm sections which locate the landscaping and final berm. • The requested setback for the excavations from Route 1 1 and private drives, the front setbacks, is 50 feet rather than the required 100 feet. • The requested setback for structures from the side and rear property line is 50 feet rather than the required 100 feet. • The requested setback for excavations from the side and rear property lines adjacent to any dwelling or platted residential Subdivision is 50 feet rather than the required 200 feet. The Planning Commission should determine if the applicant has, through the use of measures such as landscaping or screening, effectively protected the adjacent properties, including the residential properties and Clearbrook Park, and along Route 11, the appl'oprlate meaSUI-C of pl'otectlon and has not reduced the effectiveness of the buffering and screening. Update for 08/03/11 Planning Commission Meeting When evaluating this waiver request, please note that the Applicant has provided a revised proffer statement that provides for the following. The pi-ovision fol' the dedication of 20 feet aciwss the pi-ol)el'ty whenevel' a l%eniand is niadefo!' the same by Frederick County or IIDOT (6.2). The dedication would be from within the pl•oposed 50 foot setback, potentially reducing the buffer along Route 11 to 30 feet. Any alteration, anlendlnent, or relocation of the buffer and screening shall be at the sole discretion of the Applicant. 0 0 Planning Commission RE: CarmCLIse NA EM setback Nvaiver July 18, 2011 Page 3 This Is a Planning Commission item only. It Should be recognized that the Waiver regLICSt is related to rezoning application RZOI-1 1, in that Exhibit 2 is a proffered condition of the rezoning. If the applicant has not satisfactorily demonstrated the effectiveness of the alternative buffer and screening to the Planning Commission, the proffer statement incorrectly reflects the current setback requirements of the Zoning Ordinance. Please contact me if you have any further questions. MTR/bad Attachments 0 • 9 I PROPOSED SCREENING SCALE 1'-300' LANDCAPING TO BE PROVIDED PER PROFFER 2.2 I` LANDSCAPE BERM APPROX. 10 FT. HEIGHT U.S. ROUTE 11/ Is PRIVATE DRIVE EXISTING GROUND 25.00' 28.00' PIT WALL APPRO%. APPRO%. SECTION A LANING TO BE PROVIDED PRO � PER PROFFER 2.2 s I� RESIDENTIAL LOT I� APPROX. LANDSCAPE DSCP0 BERM MEIGHT U.S. ROUTE 11 I I� 7LEXISTING GROUND 1� I PIT WALL RESIDENTIAL T 273't 1 25.00' DO ' APPROX. APPROX. SECTION B BERMS CCN,3TrnJD �PL� PLANTED ESWTH T ANDSLOC�ATION OF ALL TREES WILL BE APPROVED BY THE LOCAL OFFIX OF THE U.S. DEPARTMENT OF FORESTRY. SCREENING BERM SECTIONS SCALE: 1 *=20' LANDSCAPING PER PROFFER 72 FINAL LANDSCAPING BERM N ry� T— X 1 X W Z O r O O In S I m Z LL O C � N < a a w� O o 2 3< � K V qq � ruin.• n �. �s.n w � nr+sn wTM was �ri wi R � �a nc•v•n. � r.r.c nt � Z fit eft ■lam M L rl Yrp rU : � { - �wc rr e ■ rrnrrs w .� nrur wwcsrrt �� � - T � •• �wu �au� �nw n r• a M on a -ar r Ilr : Evan u+C N M�ItKL fill t RIrO r SECTION A _ N WE UIA SECTION B X x w SCREENING BERM SECTIONS SCALE 1•-7Q _ 11 J REZONING APPLICATION #01-11 CARMEUSE NA — CLEARBROOK REZONING Staff Report for the Planning Commission Prepared: July 18, 2011 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 06/15/11 Tabled 45 days 08/03/11 Pending Board of Supervisors: 07/27/11 Pending PROPOSAL: To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. LOCATION: The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located on the east side of Route 11 between the intersections of Brucetown Road (Route 672) and Walters Mill Lane (Route 836). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/03/11 PLANNING COMMISSION MEETING: The Applicant has provided the County with a revised proffer statement dated July 12, 2011. At this time, the proffer statement is unsigned. Also, an updated Exhibit 2 has yet to be provided consistent with that presented to the Planning Commission during their 6115111 meeting. It is anticipated that these items will be forthcomingfrom the Applicant. The revisions to the proffers area as follows. 1) The provision for the dedication of 20 feet across the property whenever a demand is made for the same by Frederick County or VDOT (6.2). Please note that said dedication would be from within the proposed 50 foot setback, potentially reducing the huffer along Route 11 to 30 feet. 2) The provision for an entrance on Route 11, provided the entrance is approved by Frederick County or VDOT (6.1). All other elements of the application remain the same as evaluated during the Planning Commission meeting. With the recognition that Exhibit 2 represents the relocated berm and screening around the Martin House and the adaptive reuse of the Martin House, the Applicant has addressed the comments of the HRAB. The other concerns expressed by staff in the conclusion offered previously and as follows remain valid. 0 • Rezoning #01-1 1 Carmeuse NA — Clearbrook Rezoning July 18, 2011 Page 2 EXECUTIVE SUMMARY & STAFF CONCLUSION FOIL THE 06/15/11 PLANNING COMMISSION MEETING: The Carmeuse NA - Clearbrook rezoning application addresses some of the goals of the Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure they fully address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the following: 1. The Potential impacts associated with more intensive use of properties. 2. -1 reoenitexEla�iens e tl�e-11i�to�- e—l�esc�u es-A{k�iso Bard: 3. The potential impacts on adjacent properties. 4. The potential transportation impacts on Route 672 and Route 11. 5. The concerns of the reviewing agencies, in particular the County Attorney. FO110W111- the /'elJ[!11'eCl public heCJ/Y/lr;, !! 1'eCO11t111e11CICJtl011 Yeka/"C1111u thls /'ezolllllg application to the Board of Supe/'visors would be appropriate. The applicant shoiild be prepa/'ed to adegii ty& aCldress all concerns raised by the Planning Commission. 0 • Rezoning 01-I 1 Carmeuse NA — Clearbrook Rezoning July 18, 2011 Page 3 This report is prepared Gy the Fre(lerick Counnty Planning Staff to provide information to the Planning Commission and the Board of Supervnsom to assist them in Making a llecnsnon on this application. It maj, also be useful to others interested in this zoning matte!'. Um-esolved issues concerning this application are noted Gy staff where relevant throughout this staff report. Reviewed Action Planning Commission: 06/15/1 1 Tabled 45 days 08/03/11 Pending Board of Supei-visors: 07/27/1 1 Pending PROPOSAL: To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. LOCATION: The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route I 1 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-83, 44-A-83A and 33-A-144 (portion of (see exhibit)) PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant/Agricultural/Residential/Park ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Clearbrook Park South: RA (Rural Areas) Use: Residential/Agricultural East: EM (Extractive Manufacturing Use: Quarry West: RA (Rural Areas) Use: School/Residential/Vacant/Fairgrounds 0 0 Rezoning #01-1 1 Canneuse NA — Clearbrook Rezoning July 18, 2011 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 672. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers offered in the Carrneuse Lime & Stone Rezoning Application dated February, 2011, address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.C. Trip Generation Manual. Seventh Edition for review. VDOT reserves the right to comment on all right- of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plans approved. Clearbrook Volunteer Fire Co., Inc. — Follow Frederick County Fire & Rescue recommendations. Public Works Department: 1. Refer to Site and Land Use History, page 3: The discussion references the quarry company's attempts to meet with adjacent residents to address concerns to insure minimal impact to the surrounding community. This discussion should be expanded to include the measures that will be employed to remediate the impacts of the open pit mining operations on the ten single family residents located along Route 11. In particular, we anticipate the impacts from the mining operations will include dust, noise, lower groundwater levels and possible damage to building structures. 2. Refer - to Soils/Geology, page 4: Expand the discussion to include a description of the actual geological formations that will be impacted and extracted by the proposed mining operations. 3. Refer to Solid Waste Disposal, page 5: The proposed rezoning incorporates property that is currently leased by Frederick County for use as a citizens' refuse disposal site. Frederick County signed a lease with O-N Minerals to use this property which is located immediately east of the park's ball field. The lease included an initial ten year time frame with two, five year renewals. At the time the lease was executed, representatives from O-N Minerals indicated that they anticipated underground mining to remove the high calcium limestone. Based on the proposed rezoning, we understand that Carmeuse NA plans to continue the current open pit approach. Nevertheless, considering the investment that Frederick County has made to this site to accommodate citizen refuse, we would appreciate the continued use of this site until at least 2024. If this request fits within the proposed development time frame of the quarry operations, we would appreciate that it be included in the proffer statement. Department of Inspections: Sanitation Authority: No comments. Sei-vice Authority: Frederick -Winchester Health Department: Health Department has no objection to the request so long as no existing or proposed drainficlds and wells are negatively impacted. i Rezoning #01-1 1 Carmcuse NA — Clearbrook Rezoning July 18, 201 1 Page 5 Historic Resources Advisoi-v Board: Please see allached letter claledApril 1, 201 1,from Candice E. Perkins, AICP, Senior Planner. Department of Parks & Recreation: No comment. Winchester Regional Airport: We have completed a review of the proposed rezoning application and determined the rezoning should not impact operations of the Winchester Regional Airport. Frederick County Public Schools: Please see allachecl leller claled April 18, 201 1,from K. 141ayne Lee, Jr., Coordinalor of Planning awl Development. Frederick Countv Attorney: Please see allached lellei- dated April 10, 2011, .from Roderick B. T'Villiams, CozmlyAllorney. Planning Department: Please see allached Memorandum doled April 15, 2011, .from Michael T. Ruddy, AICP, Depuly Planning Direclor. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Inwood/Stephenson Quadrangles) identify the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. The balance of parcel 33-A-144 not zoned RA was zoned rM during the County's comprehensive downzomng RZ# 13-80 completed in 1980. The most recent rezoning from RA to EM in the vicinity of this property occurred with RZ4010-98 when W.S. Frey rezoned 31.74 acres at the southern end of their property. Numerous adjustments to the boundaries of the parcels in this area have occurred in recent years. The applicant has provided a plat which depicts a zoning boundary within parcel 33-A-144. This line appears to accurately reflect the existing boundary of the CM zoned land. The County agrees that the location identified on the plat resolves any ambiguity as to the zoning boundary. 2) Conlpi-ehensiye Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [2007 Comprehensive Policy Plan, p. I -1 J 9 0 Rezoning NO 1-I 1 Carmeuse NA — Clearbrook Rezoning July 18, 2011 Page 6 Land Use. The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The Comprehensive Policy Plan identifies the general area surrounding this property with an industrial land use designation. In general, the proposed Lxtractive Manufacturing (CM) land use designation for this property is consistent with this industrial land use designation of the Comprehensive Plan. This consistency was confirmed during the approval process for the adopted Northeast Land Use Plan in 2010. The Draft 2030 Comprehensive Plan includes the Northeast Land Use Plan as an approved Area Plan in Appendix I. Therefore, the proposed Comprehensive Plan would continue to recognize the properties consistency with the Comprehensive Plan from a land use perspective. Site Access. The impact statement and proffer statement describe that public road access will be provided to the rezoned parcel and that all traffic will continue to use the existing quarry entrance on Brucetown Road, Route 672. Access by vehicles needed for periodic maintenance of the properties shall not be limited. EnWronment Issues concerning water quality, quantity, use, and protection of water resources are directly related to land development activities. Water supplies are needed to support development, while surface and groundwater are potentially affected by development activities [Comprehensihe Policy Plan, p. 5-3]. Major sources of water used in the County are groundwater and the North Fork of the Shenandoah River. In 2000, the Frederick County Sanitation Authority entered a seventy year lease with Global Stone Chemstone Corporation (Global). Global owns quarries at Clearbrook, Middletown, and Strasburg (Please note the ownership of the quarries has subsequently changed). The lease provides the water from these quarries as a source of supply and transfers title of the quarries to the Frederick County Sanitation Authority when the mining operations are complete. The agreement has provided a viable long term source of water for the County [Comprehensive Policy Plan, p. 5-3]. Hisror A portion of the property for which the rezoning is being requested is included in the study area for the Third Battle of Winchester. The Rural Landmarks Survey of Frederick County identifies one historic structure on the site, the Zinn House (Martin Farm), and one adjacent to the site, Rose Farm. Both these properties are listed as potentially significant properties. To address the historic preservation policy goal of protecting the historic resources in Frederick County, The Comprehensive Plan provides that the Historic Resources Advisory Board (FIRAB) review development proposals which potentially impact significant historic resources and that the HRAB's information and recommendations are forwarded to the Planning Commission and Board of Supervisors. The recommendation of the I-IRAB accompanies this report. • 0 Rezoning NI -I 1 Carmeuse NA — Clearbrook Rezoning July 18, 2011 Page 7 Transl�orinl ion The Eastern Road Plan of the Comprehensive Policy Plan covers this portion of the County. The Eastern Road Plan is comprised of the transportation components of the various Area Plans. The transportation component of the Northeast Land Use Plan identifies the need for an ultimate six lane improvement for the Route 11 corridor in the vicinity of this project. According to VDOT, the minimum right-ol-way necessary for this improvement would be 120', or 60' from the center of the existing right-of-way. The dedication of right-of-way to support the widening of Route 1 I should be addressed. 3) Site Suitability/Environment The southern property contains environmentally sensitive areas. The applicant has not identified this in the impact analysis. Undcr C. Suitability of the site, Environmental Features, it is stated that the subject parcels contain no known environmental features. Section G. Historical Sites and Structures, describes that a Phase II Archeological Study is being conducted of the area adjacent to the spring near the historically significant Martin Farmhouse. County mapping and site observations indicate pond, stream, and wetland features on the properly. Any disturbance of identified environmental resources would occur in conformance with applicable County, State, and Federal regulations. The General Soil Map of the Soil Survey of Frederick County, VirVinia indicates that the soils comprising the subject parcels fall under the Oak] ct-Carbo-Chilhowie soil association. Multiple soil types are located on the sites. It is recognized that the limestone deposits that underlie the properties provide the ideal geological conditions for Extractive Manufacturing use. In addition, the most productive aquifers in the County are the limestone -carbonate aquifers that are present in this area. 4) Potential Impacts Potential Impact Summai- ,. In evaluating the Carmeuse NA Clearbrook rezoning application it is very important to recognize that the applicant has not proffered a commitment to the use of the property beyond those which would be enabled by the EM (Extractive Manufacturing) District. All land uses, meeting the applicable development standards, would be permitted within the district based upon the application as submitted. The County is familiar with the operation and practices of the existing Clearbrook Quarry operation and recognizes that the purpose of the rezoning request is to enable the expansion of the existing limestone ore extraction operation onto adjacent properties, utilizing this natural resource. However, lacking a commitment that seeks to further define the scope of operations, this application should be evaluated carefully and with the understanding that the use of the properties could be more intensive than that described in the applicant's impact statement. • • Rezoning 1101-1 1 Canneuse NA — Clearbrook Rezoning July 18, 2011 Page 8 Consideration should be given to the maximum possible intensity of EM (Extractive Manufacturing) use identified in the County's Zoning Ordinance. The impacts associated with this rezoning request may be more significant and should be understood. The applicant should be prepared to address the mitigation of the impacts associated with this rezoning request, in particular, those impacts and issues identified by the reviewing agencies. Guarantees in the form of proffered conditions have not been offered to ensure that the impacts generated by this application are limited and consistent with the discussion in the Impact Statement. The applicant has the ability to address this through the Proffer Statement. When considering the acreage potential, the dimensional requirements, and the EM District uses, it is possible that facilities located adjacent to Route l l could result, as could facilities located within 50 feet of the adjacent RA zoned property surrounding the site, including Clearbrook Park. The scope of the impacts could exceed the projections identified and accommodated in the impact statement and TIA. Historic Resources The Frederick County Historic Resources Advisory Board (I-IRAB) considered the O-N Minerals (Chemstone) rezoning application during their March 16, 2011 meeting. The HRAB expressed that they could support the approval of this project if the suggestions offered as a result of the I-IRAB meeting are considered by the applicant in order to mitigate impacts on the historic resources (Please see HRAB letter elated April 1, 2011, Signed by Candice E. Perkins, Senior Planner). Transportation. Review of the application indicates that while the applicant contends that overall truck trips on the public road system will not increase, there is no proffer to support this. While it may be true that daily trips are not expected to increase, the fact remains that rezoning of this parcel would increase the overall impact to our transportation system over time through the enabling of additional mining activity. Numerous traffic impact analyses in this area have highlighted the need for improvements and aligiunent of Brucetown and Hopewell Road. In addition, the Northeast Land Use Plan calls for interchange modifications and transportation improvements to support the planned uses for this area. This includes the area that is proposed for rezoning. Established County policy is that new or additional development is responsible for implementation of the comprehensive plan which calls for it. Part of this responsibility is participating in the infrastructure needed to support development of that comprehensive plan. At this time it does not appear that this application adequately addresses that responsibility. The transportation component of the Northeast Land Use Plan identifies the need for an ultimate six lane improvement for the Route I I corridor in the vicinity of this project. According to VDOT, the minimum right-of-way necessary for this improvement would be 120', or 60' from • 0 Rezoning 1101-1 1 Carmeuse NA — Clearbrook Rezoning July 18, 2011 Page 9 the center of the existing right-of-way. The dedication of right-of-way to support the widening of Route 11 should be addressed. A TIA was not provided for this project. "Phis determination was based upon a development scenario that has not been proffered. As transportation relates directly to land use it must be recognized that the Proffer Statement does not place a limitation on development beyond that permitted by the district. Therefore, the number of vehicle trips, and consequently the impacts, could be considerably higher than that described with the development of additional EM land uses. Mining Operations and Comnuu1ity Impacts Associated with mining operations is the potential for a variety of impacts that may affect surrounding properties and land uses. The Division of Mineral Mining of the Virginia Department of Mines is responsible for permitting mining operations within the State of Virginia including the operations of Carmeuse at the Clearbrook Quarry. The EM (Extractive Manufacturing) District of the Frederick County Zoning Ordinance provides additional local requirements that seek to minimize the impacts associated with Extractive Manufacturing uses. Provisions and performance standards are provided to protect surrounding uses from adverse impacts. Appropriate landscaping or screening may be required by the Zoning Administrator or Planning Commission within any required yard setback area in order- to reasonably protect adjacent uses from noise, sight, dust, or other adverse impacts. In addition to the potential impacts of the proposed mining operations on the view shed from the historical perspective, consideration should be given to the visual impacts on the landscape from the perspective of the adjacent residential landowners and from the perspective of residents and visitors traveling along Route 11, Martinsburg Pike which borders the proposed mining operation. Adiacent properties The EM (Extractive Manufacturing) district of the County's Zoning Ordinance provides for additional performance standards which are aimed at protecting surrounding land uses from adverse impacts. Specifically, the following two standards address excavations I. (Front Setback). Excavations shall be no closer than one hundred feet from any road, street, or highway right-of-way. 2. (Side & Rear Setbacks). Excavations shall be no closer than one hundred feet from any property zoned RA. No excavation shall be located closer than 200 feet from any dwelling or platted residential subdivision. Waiver Request The applicant, Carmeuse NA - Clearbrook, is seeking a reduction in the setback requirement for the EM Extractive Manufacturing District as it applies to their property to allow structures and excavations to be located closer to the front, side, and rear property lines than is currently permitted by Ordinance. • Rezoning 901-11 Carmeuse NA — Clearbrook Rezoning July 18, 2011 Page 10 More specifically, Carmeuse NA - Clearbrook, are requesting a waiver to Chapter 165 Zoning, Article VI Business and Industrial Zoning Districts. The requested waiver is to Part 608 EM Extractive Manufacturing District, 165-608.05 Setback and Yard Requirements, particularly 165-608.05(A)(2), 165-608.05(B)(1) and 165-608.05(B)(2), to allow the setback requirement be reduced from 75 feet, 100 feet, and 200 feet, respectively, to 50 feet in all cases. Through a separate action, the Planning Commission should determine if the applicant has, through the use of measures such as landscaping or screening, effectively protected the adjacent properties, including the residential properties and Clearbrook Park, and along Route 11, the appropriate measure of protection and has not reduced the effectiveness of the buffering and screening. If the applicant has not satisfactorily demonstrated the effectiveness of the alternative buffer and screening to the Planning Commission, the proffer statement incorrectly reflects the current setback requirements of the Zoning Ordinance. 3) Proffer Statement — Dated February 8, 2011 (Revised July 12, 2011) A) Allowed Uses: The Proffer Statement states that the Properties shall be developed with extractive manufacturing land uses pursuant to the approved mining permit. It should be recognized that the applicant has not proffered a commitment to the use of the property beyond those which would be enabled by the EM (Extractive Manufacturing) District. All land uses, meeting the applicable development standards, would be permitted within the district based upon the application as submitted. The County is familiar with the operation and practices of the existing Quarry operations, both here and in Middletown, and recognizes that the purpose of the rezoning request is to enable the expansion of the existing limestone ore extraction operation onto adjacent properties, utilizing this natural resource. However, lacking a commitment that seeks to further define the scope of operations, this application should be evaluated carefully and with the understanding that the use of the properties could be more intensive than that described in the applicant's impact statement. ii. Please refer to the list of permitted uses and the maximum possible intensity of CM (Extractive Manufacturing) use identified in the County's Zoning Ordinance. As noted previously, the Impact Analysis states that the Applicant has proffered that activities such as asphalt or concrete mixing plants, cement and lime kilns, and oil and natural gas extraction will be prohibited. The Proffer Statement does not prohibit such uses, or other EM uses. 0 • Rezoning t101-1 1 Canneuse NA — Clearbrook Rezoning July 18, 2011 Page 11 B) Access Management and Transportation. i. The applicant contends that overall truck trips on the public road system will not increase; however, there is no proffer to support this. While it may be true that daily trips are not expected to increase, the fact remains that rezoning of this parcel would increase the overall impact to the transportation system. ii. Numerous traffic impact analyses in this area have highlighted the need for improvements and alignment of Brucetown and Hopewell Road. In addition, the Northeast Land Use Plan calls for interchange modifications and transportation improvements to support the planned uses for this area. At this time it does not appear that this application adequately addresses the responsibility to participate in the infrastructure needed to support development as identified by the comprehensive plan. iii. The transportation component of the Northeast Land Use Plan identifies the need for an ultimate six lane improvement for the Route 1 1 corridor in the vicinity of this project. The dedication of right-of-way to support the widening of Route 11 should be addressed. The Applicant has proffered the provision for the dedication of 20' Across the property whenever a demand is made for the same by Frederick County or VDOT (6.2). Please vole that .said dedication tia,ould be from is ilhin the proposed 50'selback, potentially rechicing the baffler along Roane 11 to 30'. C) Site Development: i.Proffer 2.2 recognizes Exhibit 2 as the document detailing the landscaping, berming, and excavation activity. The two sections shown on Exhibit 2 place the pit wall excavations approximately 53 feet from the road right-of-way and residential lots. This is also the same distance proposed from the County Park. Please recognize that without a waiver, Exhibit 2 proposes standards which conflict with the County's Zoning Ordinance. ii.Insufficient detail is provided in Proffer 2.2 or Exhibit 2 to accurately define the amount, size, mix, and spacing of the landscaping. Both Proffer 2.2 and Exhibit 2 relate to each other but do not adequately provide commitments in the landscaping and berming to guarantee the impacts to the adjacent residential properties within the existing platted subdivision, the Route 11 corridor, and the County Park can be adequately mitigated. iii.Proffer 3.1 addressing Historic Resources does not appear to be a valid proffer as it makes no commitment to do anything relating to the Martin Farmhouse, which the Applicant's Phase 1 Archeological Survey identified as having historical significance. Further clarification and commitment is needed with 0 • Rezoning 1101-I I Carmeuse NA — Clearbrook Rezoning Jul}, 18, 2011 Page 12 regards to this issue. The comments provided by the Historic Resources Advisory Board should be addressed. The Applicant has Addressed this comment by providing a commitment for the adaptive reuse of the property and the relocation of the berm around the property. D) Mitigating the Impact of Develot)ment: i.This application does not address the impacts on Community Facilities. Particular attention should be provided to Parks and Recreation, and Fire and Rescue. The Northeast Land Use Plan recognizes the planned development of capital facilities that would be necessary to support the growth in this area of the County. A new fire and rescue facility in the Clearbrook area is recognized and is a top priority of the CIP. ii.A previous rezoning pertaining to the EM district with the same owner guaranteed to the Frederick County Sanitation Authority rights to the groundwater resources in accordance with existing agreements between the applicant and the FCSA. The proffer Statement should provide clarification that the fixture use of the property and the development of facilities to support the utilization of the groundwater resources are enabled by this rezoning request and Proffer Statement. STAFF CONCLUSIONS FOR THE 06/15/11 PLANNING COMMISSION MELTING: The Carmeuse NA - Clearbrook rezoning application addresses some of the goals of the Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure they frilly address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the following: 1. The potential impacts associated with more intensive use of properties. 2. Th een3-ril-nd-aians e e44l stet-ie—Resorts-ces-Ac4A sery-Beal-d-. 3. The potential impacts on adjacent properties. 4. The potential transportation impacts on Route 672 and Route 11 5. The concerns of the reviewing agencies, in particular the County Attorney. FollolUnlQ the reguired public hearinky, a recommendation ref,jardinQ this rezoning application to the Board of Strpers,ivors ►s,orrld be appropriate The applicrntt should be prepared io adegnately address all concerns raised bV the I'lanning, Commission. Rezoning #01-1 1 Carmeuse NA — Clearbrook Rezoning July 18, 2011 Page 13 PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/15/11 MEETING: Six citizens from the Stonewall, Back Creek, and Gainesboro Districts, spoke in support of the rezoning. These citizens included employees of Carmeuse and private enterprises, which depend on CarrneusC for their business and donations. The applicants presented a number of letters of support and a petition signed by 30 Carmeuse employees. Included were 15 letters of support from neighbors in the Clearbrook/Brucetown area and five letters Of support from adjoining property owners. The applicant's Area Operations Manager, Mr. James (Jim) I3ottom, spoke about the numerous community meetings held Nvith the residents of Brucetown, Clearbrook, Walters Mill Lane, and the small community across from the school, along with one-on-one meetings, to determine the concerns of the neighbors. He said issues ranged front noise, access, railroad crossings, location and type of berms, the historical house, and landscaping along property boundaries. Mr. Bottom said the proffers were written based upon residents' feedback and all review agency comments were answered by letter. He talked about communications with the Parks & Recreation Department to relocate the existing ballfields. A noise and vibration specialist, hired by the applicant, provided some technical information and an overview of the results of a noise study conducted. His conclusions concerning the long-term noise condition was that maxinnrrrl noise levels would be 62-65 decibels closest to the berm and as operations move away from the berm, noise levels will drop due to distance to the mid 50s. I-Ie concluded by noting the overall noise impact with the berm in place would be minimal and will be the same as background noise from 1-81 and Route 11. The applicant's attorney, Mr. Ty Lawson, reviewed the revised proffers with the Commission. His points included: asphalt and concrete mixing plants were proffered out; the angles on either side of the berms were softened and would include random plantings; and the berm would be moved behind the Martin farmhouse to preserve historical viewshed. In addition, the Martin farmhouse will be placed into adaptive re -use. With regard to transportation issues, Mr. Lawson stated that VDOT was satisfied with the proffers offered; therefore, no TIA was produced. In addition, VDOT did not want any additional entrances on Route 1 1, which is reflected in their proffer, and they will continue to access Brucetown Road. No additional right-of-way for future widening of Route i 1 was offered, nor was any contributions toward the realignment of the Brucetown/I-lopewell intersection. Planning Commission members asked the applicant about various unresolved issues such as, a date for when the relocation of the County's convenience center site would have to be moved so there will be ample time to relocate; the importance of the acquisition of right-of-way for the future widening of Route l i as justified by the newly - adopted Northeast Land Use Plan; a guarantee that Frederick County will have access to the water now and into the future for its citizens; the potential of supplying several acres in this vicinity for the relocation of a fire and rescue building; and placing a new commercial entrance on Route i 1 and removing the primary access on Brucetown Road, due to the poor site distance and curvature of Brucetown Road and the conflict it creates with durlip trucks and passenger vehicles. There were also issues raised regarding some discrepancies with the language in the proffers and corresponding exhibits regarding the desire to see the berm "maintained" at ten feet. The issue of the close proximity of the pit to adjoining residential properties was also discussed and practices that could be utilized to be certain that no disruptions occur to adjoining properties or water wells. 1] Rezoning #01-1 1 Carmeuse NA — Clearbrook Rezoning July 18, 2011 Page 14 The Planning Commission acted first on the requested waiver. By a majority vote, the Commission tabled the waiver request for 45 days in order to provide time for the applicant to revise their proffers. The majority vote was as follows: YES (TO TABLE WAIVER 45 DAYS): Unger, Crosen, Manuel, Oates, Wilmot, Kriz, Lemieux NO: Ambrogi, Thomas, Madagan, Triplett, Mohn ABSTAIN: Crockett The Planning Commission next acted on the rezoning application. By a majority vote, the Commission tabled the rezoning for 45 days to give the applicant time to address the issues raised by the Commission. The majority vote was as follows: YES (TO TABLE REZONING 45 DAYS): Unger, Crosen, Manuel, Oates, Wilmot, Kriz, Triplett, Lemieux, Mohn NO: Ambrogi, Thomas, Madagan ABSTAIN: Crockett MEMORANDUM TO: Michael T. Ruddy, Deputy Director DATE: ,LAIC 15, 201 1 Re: Rezoning; Application #01-1 1 for Canleuse NA-Clearbrool< Rezoning Our File No. 462.013 Enclosed please find the final Powul'oint prescntatiOIl for the Ca1'111ellSe rezoning; on tonight's Planning Commission agenda. For your convenience, I also enclose 20 copies of the presentation for hand-out tonight. i • 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 June 7, 2011 Michael T. Ruddy, Deputy Director Planning and Development County of Frederick 107 North Kent Street, 2"`I Floor Winchester, VA 22601 'FlION7AS MOORE LAWSON • TLAIVSON a,ISPLC.COM Re: Rezoning Application 110 1 -11 for Cameuse NA-Clearbrook Rezoning Our File No. 462.013 E-MAIL AND FACSIMILE Dear Mike: As you know, the above -referenced rezoning request is scheduled to be heard at the June 15, 2011 Planning Commission meeting. In preparing for this meeting, it has come to my attention that the meeting Agenda states Carmeuse is requesting that 55.2 acres be rezoned from RA to EM. The Notification of Public Hearing, Staff Report, and advertisement published in the June I" edition of The Winchester Star all correctly note a rezoning request of 92+/- acres. I mention this in case you want to revise the Planning Commission Agenda. Thank you for your assistance and cooperation. Very truly yot , Thorn M re Lawson TML:atd cc: Carmeuse Lime & Stone FRONT ROYAL ADDRESS: POSTORICE BOX 602, FRONT ROYAL. VIRCINIA 22630, 7'F.LE1'I E: (510)63S.9415 • FACSIMILE: (5-10) 635�9421 • E-MAIL: JSILEK(q IAWSONANDSILEK.CO\I FAIRFAX AODRE.CS: IONS MAIN STREET. SUITE 200, FAIRFAX. VIRCINIA 22030, TELFPIIONE: (703) 352-2615 • FACSIMILE: (703) 352-4190. E-M1UIL: TIIOhtASOLASVSON@VERIZON.NET REZONING APPLICATION 901-11 CARMEUSE NA — CLEARBROOK REZONING Staff Report for the Planning Commission Prepared: May 31, 2011 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 06/15/11 Pending Board of Supei-visoi•s: 07/27/11 Pending PROPOSAL: To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. LOCATION: The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located on the east side of Route 11 between the intersections of Brucetown Road (Route 672) and Walters Mill Lane (Route 836). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/15/11 PLANNING COMMISSION MEETING: The Carmeuse IOTA - Clearbrook rezoning application addresses some of the goals of the Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure they fully address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the following: 1. The Potential impacts associated with more intensive use of properties. 2. The recommendations of the Historic Resources Advisory Board. 3. The potential impacts on adjacent properties. 4. The potential transportation impacts on Route 672 and Route 11. 5. The concerns of the reviewing agencies, in particular the County Attorney. FolloTvin; the requh-e'd public hearing, a i-ecoii men(lation J'egar(ling this rezoning application to the Board of Supervisors ►voul(1 be appropriate. The applicairtshor(ld be prepared to a(legiiLl l a(I(Iress all concerns raised by the Planning Commission. • 0 Rezoning 901-1 1 Carmeuse NA — Clearbrook Rezoning May 31, 2011 Page 2 This report is prepared by the Fi'ellei-ick Comity Plannina Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a (lecision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application ai'e noted by staff tivhei•e relevant throughout this staff report. Reviewed Action Planning Commission: 06/15/11 Pending Board of Supervisors: 07/27/11 Pending PROPOSAL: To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. LOCATION: The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 11 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-83, 44-A-83A and 33-A-144 (portion of (see exhibit)) PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant/Agricultural/Residential/Park ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Clearbrook Park South: RA (Rural Areas) Use: Residential/Agricultural East: EM (Extractive Manufacturing Use: Quarry West: RA (Rural Areas) Use: School/Residential/Vacant/Fairgrounds 0 0 Rezoning #01-1 1 Carmeuse NA — Clearbrook Rezoning May 31, 2011 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears t0 have little mcaSUrable impact on Route 672. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers offered in the Carmeuse Lime & Stone Rezoning Application dated February, 2011, address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.C. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment On all right- of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered Linder a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plans approved. Clearbrook Volunteer Fire Co., Inc. — Follow Frederick County Fire & Rescue recommendations. Public Works Department: 1. Refer to Site and Land Use History, page 3: The discussion references the quarry company's attempts to meet with adjacent residents t0 address Concerns t0 111SL11•e minimal impact to the SLII.1.011llding C011111111nity. This diSCLISSiOI1 should be expanded t0 111CILIde the 111caSLIres that will be employed to remcdlate the impacts Of the open pit mining operations on the tell Single family residents located along Route 11. In particular, we anticipate the impacts from the mining operations will include dust, noise, lower groundNvater levels and possible damage to building structures. 2. Refer to Soils/Geology, page 4: Expand the discussion to include a description Of the actual geological formations that will be impacted and extracted by the proposed mining operations. 3. Refer to Solid Waste Disposal, page 5: The proposed rezoning incorporates property that is currently leased by Frederick County for use as a citizens' refuse disposal site. Frederick County signed a lease with O-N Minerals to use this property which 1S located immediately east Of the park's ball field. The lease included an initial ten year time frame with two, five year renewals. At the time the lease was executed, representatives from O-N Minerals indicated that they anticipated underground mining to remove tine high calcium limestone. Based on the proposed rezoning, we understand that Carmeuse NA plans to continue the current open pit approach. Nevertheless, considering the investment that Frederick County has made to this site to accommodate Citizen refuse, we would appreciate the continued use of this site until at least 2024. If this request fits within the proposed development time frame of the quarry operations, we would appreciate that it be included in the proffer statement. DCnartinent of Inspections: Sanitation Authority: No comments. Service Authority: Frederick -Winchester Health Department: Health Department has no objection to the request SO long as no existing Or proposed drainfieldS and wells are negatively Impacted. Rezoning #01-1 1 Cal'111CUSe NA — Clearbrook Rezoning May 31, 2011 Page 4 Historic Resources Advisoi-v Board: Please see attached letter tinted April 1, 2011, fr•orn Candice K Perkins, AICP, Senior Planner. Department of Parks & Recreation: No comment. Winchester Regional Airport: We have completed a review of the proposed rezoning application and determined the rezoning should not impact operations of the Winchester Regional Airport. Frederick Countv Public Schools: Please see allached leller dated April 18, 2011, from K. Wayne Lee, Jr., Coordinator of Planning and Development. Frederick Countv Attornev: Please see attached letter clated April 10, 2011, from Roderick B. Williams, County. Allorney. Planning Department: Please see attached Memoranchnn dated April 15, 2011, f -onz Michael T. Rudcly, AICP, Deputy Planning Director. Planning & Zoning: 1) Site Histoi-v The original Frederick County zoning map (U.S.G.S. Inwood/Stephenson Quadrangles) identify the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. The balance of parcel 33-A-144 not zoned RA was zoned EM during the County's comprehensive downzoning RZ# 13-80 completed in 1980. The most recent rezoning from RA to EM in the vicinity of this property occurred with RZ#010-98 when W.S. Frey rezoned 31.74 acres at the southern end of their property. Numerous adjustments to the boundaries of the parcels in this area have occurred in recent years. The applicant has provided a plat which depicts a zoning boundary within parcel 33-A-144. This line appears to accurately reflect the existing boundary of the EM zoned land. The County agrees that the location identified on the plat resolves any ambiguity as to the zoning boundary. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [2007 Comprehensive Policy Plan, p. 1-1] 0 0 Rezoning #01-1 1 Canneuse NA — Clearbrook Rezoning May 31, 2011 Page 5 Land Use. The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The Comprehensive Policy Plan identifies the general area surrounding this property with an industrial land use designation. In general, the proposed Extractive Manufacturing (EM) land use designation for this property is consistent with this industrial land use designation of the Comprehensive Plan. This consistency was confirmed during the approval process for the adopted Northeast Land Use Plan in 2010. The Draft 2030 Comprehensive Plan includes the Northeast Land Use Plan as an approved Area Plan in Appendix 1. Therefore, the proposed Comprehensive Plan would continue to recognize the properties consistency with the Comprehensive Plan from a land use perspective. Site Access. The impact statement and proffer statement describe that public road access will be provided to the rezoned parcel and that all traffic will continue to use the existing quarry entrance on Brucetown Road, Route 672. Access by vehicles needed for periodic maintenance of the properties shall not be limited. Environment Issues concerning water quality, quantity, use, and protection of water resources are directly related to land development activities. Water supplies are needed to support development, while surface and groundwater are potentially affected by development activities [Comprehensive Policy Plan, p. 5-3]. Major sources of water used in the County are groundwater and the North Fork of the Shenandoah River. In 2000, the Frederick County Sanitation Authority entered a seventy year lease with Global Stone Chernstone Corporation (Global). Global owns quarries at Clearbrook, Middletown, and Strasburg; (Please note the ownership of the quarries has subsequently changed). The lease provides the water from these quarries as a source of supply and transfers title of the quarries to the Frederick County Sanitation Authority when the mining operations are complete. The agreement has provided a viable long term source of water for the County [Comprehensive Policy Plan, p. 5-3]. History A portion of the property for which the rezoning is being requested is included in the study area for the Third Battle of Winchester. The Rural Landmarks Survey of Frederick County identifies one historic structure on the site, the Zinn House (Martin Farm), and one adjacent to the site, Rose Farm. Both these properties are listed as potentially significant properties. To address the historic preservation policy goal of protecting the historic resources in Frederick County, The Comprehensive Plan provides that the Historic Resources Advisory Board (HRAB) review development proposals which potentially impact significant historic resources and that the HRAB's information and recommendations are forwarded to the Planning Commission and Board of Supervisors. The recommendation of the I-IRAB accompanies this report. 0 0 Rezoning 90 1 -11 Carmeuse NA — Clearbrook Rezoning May 31, 2011 Page 6 Ti•ansportalion The Eastern Road Plan of the Comprehensive Policy Plan covers this portion of the County. The Eastern Road Plan is comprised of the transportation components of the various Area Plans. The transportation component of the Northeast Land Use Plan identifies the need for an ultimate six lane improvement for the Route 11 corridor in the vicinity of this project. According to VDOT, the minimum right-of-way necessary for this improvement would be 120', or 60' from the center of the existing right-of-way. The dedication of right-of-way to support the widening of Route 11 should be addressed. 3) Site Suitability/Environment The southern property contains environmentally sensitive areas. The applicant has not identified this in the impact analysis. Under C. Suitability of the site, Environmental Features, it is stated that the subject parcels contain no known environmental features. Section G. Historical Sites and Structures, describes that a Phase II Archeological Study is being conducted of the area adjacent to the spring near the historically significant Martin Farmhouse. County mapping and site observations indicate pond, stream, and wetland features on the property. Any disturbance of identified environmental resources would occur in conformance with applicable County, State, and Federal regulations. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Oaklet-Carbo-Chilhowie soil association. Multiple soil types are located on the sites. It is recognized that the limestone deposits that underlie the properties provide the ideal geological conditions for Extractive Manufacturing use. In addition, the most productive aquifers in the County are the limestone -carbonate aquifers that are present in this area. 4) Potential Impacts Potential Impact Summary. In evaluating the Carmeuse NA Clearbrook rezoning application it is very important to recognize that the applicant has not proffered a commitment to the use of the property beyond those which would be enabled by the EM (Extractive Manufacturing) District. All land uses, meeting the applicable development standards, would be permitted within the district based upon the application as submitted. The County is familiar with the operation and practices of the existing Clearbrook Quarry operation and recognizes that the purpose of the rezoning request is to enable the expansion of the existing limestone ore extraction operation onto adjacent properties, utilizing this natural resource. However, lacking a commitment that seeks to further define the scope of operations, this application should be evaluated carefully and with the understanding that the use of the properties could be more intensive than that described in the applicant's impact statement. 0 • Rezoning #01-1 1 Canneuse NA — Clearbrook Rezoning May 31, 2011 Page 7 Consideration should be given to the maximum possible intensity of EM (Extractive Manufacturing) use identified in the County's Zoning Ordinance. The impacts associated with this rezoning request may be more significant and should be understood. The applicant should be prepared to address the mitigation of the impacts associated with this rezoning request, in particular, those impacts and issues identified by the reviewing agencies. Guarantees in the form of proffered conditions have not been offered to ensure that the impacts generated by this application are limited and consistent with the discussion in the Impact Statement. The applicant has the ability to address this through the Proffer Statement. When considering the acreage potential, the dimensional requirements, and the EM District uses, it is possible that facilities located adjacent to Route I 1 could result, as could facilities located within 50 feet of the adjacent RA zoned property surrounding the site, including Clearbrook Park. The scope of the impacts could exceed the projections identified and accommodated in the impact statement and TIA. Historic Resources The Frederick County Historic Resources Advisory Board (HRAB) considered the O-N Minerals (Chemstone) rezoning application during their March 16, 2011 meeting. The HRAB expressed that they could support the approval of this project if the suggestions offered as a result of the HRAB meeting are considered by the applicant in order to mitigate impacts on the historic resources (Please see IIRAB letter dated April 1, 2011, signed by Candice E. Perkins, Senior Planner). Transportation. Review of the application indicates that while the applicant contends that overall truck trips on the public road system will not increase, there is no proffer to support this. While it may be true that daily trips are not expected to increase, the fact remains that rezoning of this parcel would increase the overall impact to our transportation system over time through the enabling of additional mining activity. Numerous traffic impact analyses in this area have highlighted the need for improvements and alignment of Brucetown and Hopewell Road. In addition, the Northeast Land Use Plan calls for interchange modifications and transportation improvements to support the planned uses for this area. This includes the area that is proposed for rezoning. Established County policy is that new or additional development is responsible for implementation of the comprehensive plan which calls for it. Part of this responsibility is participating in the infrastructure needed to support development of that comprehensive plan. At this time it does not appear that this application adequately addresses that responsibility. The transportation component of the Northeast Land Use Plan identifies the need for an ultimate six lane improvement for the Route 11 corridor in the vicinity of this project. According to VDOT, the minimum right-of-way necessary for this improvement would be 120', or 60' from 0 0 Rezoning #01-1 l Carmeuse NA — Clearbrook Rezoning May 31, 2011 Page 8 the center of the existing right-of-way. The dedication of right-of-way to support the widening of Route 1 I should be addressed. A TIA was not provided for this project. This determination was based upon a development scenario that has not been proffered. As transportation relates directly to land use it must be recognized that the Proffer Statement does not place a limitation on development beyond that permitted by the district. Therefore, the number of vehicle trips, and consequently the impacts, could be considerably higher than that described with the development of additional EM land uses. Mining Operations and Community Impacts Associated with mining operations is the potential for a variety of impacts that may affect surrounding properties and land uses. The Division of Mineral Mining of the Virginia Department of Mines is responsible for permitting mining operations within the State of Virginia including the operations of Carmeuse at the Clearbrook Quarry. The EM (Extractive Manufacturing) District of the Frederick County Zoning Ordinance provides additional local requirements that seek to minimize the impacts associated with Extractive Manufacturing uses. Provisions and performance standards are provided to protect surrounding uses from adverse impacts. Appropriate landscaping or screening may be required by the Zoning Administrator or Planning Commission within any required yard setback area in order to reasonably protect adjacent uses from noise, sight, dust, or other adverse impacts. In addition to the potential impacts of the proposed mining operations on the view shed from the historical perspective, consideration should be given to the visual impacts on the landscape from the perspective of the adjacent residential landowners and from the perspective of residents and visitors traveling along Route 11, Martinsburg Pike which borders the proposed mining operation. Adjacent properties The EM (Extractive Manufacturing) district of the County's Zoning Ordinance provides for additional performance standards which are aimed at protecting surrounding land uses from adverse impacts. Specifically, the following two standards address excavations; I. (Front Setback). Excavations shall be no closer than one hundred feet from any road, street, or highway right-of-way. 2. (Side & Rear Setbacks). Excavations shall be no closer than one hundred feet from any property zoned RA. No excavation shall be located closer than 200 feet from any dwelling or platted residential subdivision. Waiver Request The applicant, Carmeuse NA - Clearbrook, is seeking a reduction in the setback requirement for the EM Extractive Manufacturing District as it applies to their property to allow structures and excavations to be located closer to the front, side, and rear property lines than is currently permitted by Ordinance. 9 0 Rezoning 110 1 -11 Carmeuse NA — Clearbrook Rezoning May 31, 2011 Page 9 More specifically, Carnicuse NA - Clearbrook, are requesting a waiver to Chapter 165 Zoning, Article VI Business and Industrial Zoning Districts. The requested waiver is to Part 608 EM Extractive Manufacturing District, 165-608.05 Setback and Yard Requirements, particularly 165-608.05(A)(2), 165-608.05(B)(1) and 165-608.05(B)(2), to allow the setback requirement be reduced from 75 feet, 100 feet, and 200 feet, respectively, to 50 feet in all cases. Through a Separate action, the Planning C01111111SSlOn ShOUld determine if the applicant has, through the uSC Of 111CaS111-CS SL1Ch as landscaping Or screening, effectively protected the adjacent properties, including the residential properties and Clearbrook Park, and along Route 11, the appropriate measure of protection and has not reduced the effectiveness of the buffering and screening. If the applicant has not satisfactorily demonstrated the effectiveness of the alternative buffer and screening t0 the Planning Commission, the proffer statement incorrectly reflects the CLlrrent setback requirements of the "Zoning Ordinance. 3) Proffer Statement — Dated February 8, 2011. A) Allowed Uses: The Proffer Statement states that [lie Properties shall be developed with extractive manufacturing land uses pursuant to the approved mining permit. It Should be recognized that the applicant has not proffered a commitment to the use of the property beyond those which would be enabled by the EM (Extractive Manufacturing) District. All land uses, meeting the applicable development standards, would be permitted within the district based upon the application as submitted. The County is familiar with the operation and practices of the existing Quarry operations, both here and in Middletown, and recognizes that the purpose of the rezoning request is to enable the expansion of the existing limestone ore extraction operation onto adjacent properties, utilizing this natural resource. However, lacking a commitment that seeks to further define the scope of operations, this application should be evaluated carefully and with the understanding that the use of the properties could be more intensive than that described in the applicant's impact statement. ii. Please refer to the list of permitted uses and the maximum possible intensity of EM (Extractive Manufacturing) use identified in the COunty'S Zoning Ordinance. As noted previously, the Impact Analysis states that the Applicant has proffered that activities such as asphalt or concrete mixing plants, cement and lime kilns, and oil and natural gas extraction will be prohibited. The Proffer Statement does not prohibit SLICII LISCS, or other EM uses. Rezoning 1101-1 1 CaI'nICLIsc NA — Clearbrook Rezoning May 31, 2011 Page 10 B) Access Management and Trallsportat1011. i. The applicant contends that overall truck trips on the public road system will not increase; however, there is no proffer to support this. While it may be true that daily trips are not expected to increase, the fact remains that rezoning of this parcel would increase the overall impact to the transportation system. ii. NL1111e1'oUS traffic impact analyses in this area have highlighted the need for improvements and alignment of BrllcetOWn and I-Iopewell Road. In addition, the Northeast Land Use Plan calls for interchange modifications and transportation improvements to support the planned uses for this area. At this time it does not appear that this application adequately addresses the responsibility to participate in the infrastructure needed to support development as identified by the comprehensive plan. iii. The transportation component of the Northeast Land Use Plan identifies the need for an ultimate six lane improvement for the Route I 1 corridor in the vicinity Of this project. The dedication of right-of-way to support the widening Of Route 11 should be addressed. C) Site Development: i.Proffer 2.2 recognizes Exhibit 2 as the document detailing the landscaping, berming, and excavation activity. The two sections shown on Exhibit 2 place the pit wall excavations approximately 53 feet fi-om the road right-of-way and residential lots. This is also the same distance proposed from the County Park. Please recognize that without a waiver, Exhibit 2 proposes standards which conflict with the Cowlty'S Z011lllg Ordinance. ii.Insufficient detail is provided in Proffer 2.2 or Exhibit 2 to accurately define the amOUn1, size, mix, and spacing Of the landscaping. Both Proffer 2.2 and Exhibit 2 relate to each other but do not adequately provide commitments in the landscaping and berming to guarantee the impacts to the adjacent residential properties within the existing platted subdivision, the Route I I corridor, and the County Park can be adequately mitigated. iii.Proffer 3.1 addressing Historic Resources does not appear to be a valid proffer as it makes n0 commitment t0 do anything relating to the Martin Farmhouse, which the Applicant's Phase I Archeological Survey identified as having historical Significance. Further clarification and commitment is needed with regards to this issue. The comments provided by the Historic Resources Advisory Board Should be addressed. Rezoning #01-1 1 Cal"111CUSe NA — Clearbrook Rezoning May 31, 2011 Page 1 1 D) Mitigating the Impact of Development: This application does not address the impacts on Community Facilities. Particular attention should be provided to Parks and Recreation, and Fire and Rescue. The Northeast Land Use Plan recognizes the planned development of capital facilities that would be necessary to support the growth in this area of the County. A new fire and rescue facility in the Clearbrook area is recognized and is a top priority of the CIP. ii.A previous rezoning pertaining to the CM district with the same owner guaranteed to the Frederick County Sanitation Authority rights to the groundwater resources in accordance with existing agreements between the applicant and the FCSA. The proffer Statement should provide clarification that the future use of the property and the development of facilities to support the utilization of the groundwater resources are enabled by this rezoning request and Proffer Statement. STAFF CONCLUSIONS FOR THE 06/15/11 PLANNING COMMISSION MELTING: The Carmeuse NA - Clearbrook rezoning application addresses some of the goals of the Comprehensive Plan as described in the staff report. Clements of the rezoning application have been identified that should be carefully evaluated to ensure they fully address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been frilly addressed by the applicant. The Planning Commission should pay particular attention to the following: 1. The Potential impacts associated with more intensive use of properties. 2. The recommendations of the Historic Resources Advisory Board. I The potential impacts on adjacent properties. 4. The potential transportation impacts on Route 672 and Route 11. 5. The concerns of the reviewing agencies, in particular the County Attorney. Follo)yin, the mquh-ed public hearin,, a reconimen(lation i-egai'lling this mzonin, application to the Board of Stipeirvisoi•s would be appropriate. Tlie applicant should be prepared to adequately address all conceives raised by the Planning Commission. Carmeuse NA Clearbrook, VA F- 7, • SECUM A if m All sEcnON e �• SCREEN BEf2Y SECTIONS lk V1 0 / W e � o Pmrgm_oQN22M @c.0 ♦-em ------------------------------------------- 0 LANDSCAPING TO BE PROVIDED PER PROFFER 2.2. (THE LANDSCAPING TO BE PROVIDED PER PROFFER 2.2. (THE LANDSCAPMG SHALL HAYS A MIX OF DECIDUOUS AND LANDSCAPING 94ALL HAVE A MIX OF DECIDUOUS AND CONIFEROUS PLANTINGS PLACED IN A RANDOM MANNER CONIFEROUS PLANTINGS PLAM IN A RANDOM MANNER TO RE W49STENT WITH EXISTING VEGETATION PATTERNS) I3 TO BE CONK MTENT MATH EXISTING VEGETATION PATTERNS) it LANDSCAPE BERM lid UwOSG/'PE BERM3i APPROOL fi-IO FN. HF7t447 IF REMENTIAL LOT fi" 6-IO FT. HEIGHTU.S. R< U.S ROUTE ROUTE 11 I �'"" i PRIVATE DM •.I �> }pj� a: I �� l Ir 7 sI M6 E705RNG GROUND EMS GROUND I 2' r-PIT MAii. I - RESIDENTIAL L07 .D 273't � t^, •t rRi WAl1. � { X OX 150• SCRf:7:NING BERM I SCREEMNC BERM x t SECTION A SECTION B eERMs TO BE PLANTED rATDN n� TREES UPON CONSTRUCTION. SCREENING BERM SECTIONS NO SCALE WirLI : - '+ C a` a Z * WJK GRMSSFS RIVI UV: PANT AS ShV*A' SiAP+Y ow FROM VMICAIY QUARRY SIDE - - - - - — TOP OF BERN _ NU'W'M sDUVIO( IM SC PORIUM AM wax SOFSK61 M mum Demm PLAIT LIST, wKwAmg am � wow Q�K OA IMB RYA PLANTING LOCATIONS !MOWN ARE REPRESENTATIVE ONLY. 1REE5 TO BE PLACED AT RAP"ARAP"INTERVALS. Q Z `0 w 0 w V) DO ��c � V r(,�. FRONT OF BERM VIiiI11M i ,200.0, ' ErF13itFDl RAvr LW- Ale .ShCWIIl.V' PM75 ECIINIIA 9Z P i E E RTSRESENTATIVE ONLY. TREESCATKM SHOWN TOIle BE PLACED AT RANDOM INTERVALS EtS"W NNIF All; PIAa STRWAN AtWOW AOFAERV MA7'C8W TALK OCCAEMM r5 6kmw AFP caw JUIXm VAXKWln� i v v g -1 TYPICAL PLANTING SECTION NO SCALE 11 0 =a �m X W x W Q Z w (J .S Q1 W 1 � Q U U e� i :il T i I • Acoustical Engineering Solutions Specific Levels of Common Noises (dBA)* dBA Common Noise Sources 130 Threshold of Pain 125 Chainsaw (3 ft) 120 Jet Aircraft Take Off (100 ft) Hammer on Nail (3 ft) 115 Carmeuse 110 Power Saw (3 ft) Noise _ 105 Analysis 100 Car Horn (10 ft) Color 95 Garbage Disposer (3 ft) Legend 90 Tractor, Lawn Mower (3 ft) _ 85 Bulldozer (100 ft) 80 Hair Dryer, Whistling Kettle Tractor Trailer on Rte 11, 75' from edge 75 of Pavement Loud Dishwasher/Washing Machine 70 TV, Vacuum Cleaner 65 Normal Conversation (3 ft, Noise from Clear Brook Mining w/ Berm 60 Clear Brook Residence Background 55 Noise, 75' from Rte 11 Quiet Dishwasher/Washing Machine 50 Refrigerator 45 40 35 30 Soft Whisper (2 ft) 25 20 Concert Hall 'This deabel level information has been excerpted from the LHH (LLH.org) and dear Brook site measurements • 0 Route 11 qM • C Noise Source ■ • CAT 773E T ruc Carmeuse Property Line Existing Home Noise Level Contours 85 dBA 80 dBA CAT D911 75 dBA Dozer Ci 70 dBA t 65 dBA V No An Came Special Exception Norse Analysis HOLN' A Berm Construction (Dozer) Lh..- Court Suite 107 Off' NO 2 ATE 28 April 2011 reoencii. Mo 21703 301 . MG 4227 SCALE NTS RAWN BY JVC Proposed Berm Noise Source Carmeuse Property Line OExisting Home Noise Level Contours 85 dBA 80dBA 75 dBA ---�—� 70dBA 65 dBA Route 11 a v O � CAT 998H CAT 773E T Loader 0 O O \ O 1 _ Note Equipment Is operating on a lift 10 feet below the berm base elevation I 11o�1\IV No An Carne Special Exception Norse Analysis 10 Foot Berm Cnnrmans court 91ae 107 DVVG No 4 ATE 28 April 2011 ".. MD:+703 301-e4642z7 SCALE NTS RAWN 13Y JVC C1 •I 5-31.11 SCALE: V,300' CAT% t% it oAL V& 3�w%O&AAS&O, S,c.PA LacAnat% SCALE 1'^300' • 0 0 stewart �14/I qin� D Q�-T�nenf Tel � or Gon4ra)� W0- hdl V0/l� �r� (�t�%�S imA�i�� SO L o 6 0 l /,ej �%iQ� Oo,, r� i� In �� d CD RESOLUTION CD Action: PLANNING COMMISSION: August 3, 2011 - Recommended Approval BOARD OF SUPERVISORS: December 14, 2011 X APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 90 1 -11 OF CARME USE NA - CLEARBROOK REZONING WHEREAS, Rezoning 901-11 of Carmeuse NA — Clearbrook Rezoning, submitted by Patton Harris Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers dated February 8, 2011, and last revised on July 12, 2011, was considered. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike are located between the intersections of Route 11 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and 33-A-144 (portion of). WHEREAS, the Planning Commission held a public hearing on this rezoning on June 15, 2011 and a public meeting on August 3, 2011; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 14, 2011, and a public meeting on December 14, 2011; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 92+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes!! 19-11 0 • This ordinance shall be in effect on the date of adoption. Passed this 14th day of December, 2011 by the following recorded vote: VOTE: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Ross Spicer _Ay e Bill M. Ewing Nay Gene E. Fisher Aye Charles S. DeI-Iaven, Jr. Abstain Christopher E. Collins A COPY ATTEST John i y, . r. Fred ek County Administrator VIRGINIA: FRL'DERICKCOUNTY.SCT. This instrument of writing was produced to me on y - 4 - 2-012, at q' S$ am and with certificate acknowledgement thereto annexed was adrWHed to record. Tax imposed by Sec. 58.3 -802 of and 58.1-801 have been paid, if assessable. PDRcsll 19-1 I 4&e4 ,Clerk O PROPOSED PROFFER STATEMENT REZONING: RZ4 01 -1l Rural Areas (RA) to Extractive Manufacturing 0.`M) PROPERTY: 92 Acres +/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of Tax \'Iap Parcel 33-A-144 (the "Properties") RECORD OWNER: O-N Minerals (Chenlstone) Company d/b/a Carnieuse I,ime & Stone APPLICANT: O-N Minerals (Chenlstone) Company d/b/a Carmeuse Lime & Stone ("Applicant'') PROJECTNAME: Winchester/Clcari.rook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): June 2, 201 1. Junc 21, 2011, July 12, 2011 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit.1," shall be ir1 strict conformance with the following conditions., which shall supersede all other proffers on Properties that may have been made prior hereto. in the event that the above -referenced I'.(\ T conditional rezoning is not granted as applied for by the Applicant, these proffers shall !-)o deemed withdrawn and shall be Mill and vold. Further, these proffers are contingeI1t upC11l fill^t rezoning of the Properties with "Cnal rezoning" defined as that rezoning which is in eflecl. un 0K, day following the last day upon which the Frederick County Board of Supervisors' (tile "Board-) decision granting the rezoning may be contested in the appropriate court. lithe Board's is contested, and the Applicant elects not to suhmit development plain. until =ud1 <.-0111c:;t ,s resolved, the term rezoning shall include the day rollowing entry of a final court order atiirmi -g the decision of the Board which has not been appealed, or, if appealed, the day rollo",ing \vhich the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience of reference only and shall not control of affect file meaning or be taken as all interpretation of..lny provision of the proffers. The inlprovenlents proffered herein shall be provided at tho timer of development of that portion of the Properties adjacent to of including the improvement of ntller proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming With State and/or Federal regulations shall be considered null and void. Tile term "Applicant" as referenced herein shall include within its meaning ail future owners and successors in interest. �J 1. Laud Use 0 CD CD lN.J 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of' Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be li►nited to the existing quarry entrance on Brucetown Road (Route 672) unless another entrance is agreed upon by Frederick County or VDOT at some time in the future. Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. The Applicant will put the Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by \vet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental Quality ("VDEQ") general air permit. Tile Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. 0 5. Blasting Control 5.1 All blasting associated with mining operations oil the Properties shall be limited by the mining permit approved by the DMM of the VDMME. Peale Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be reinediatcd at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at sonic time in the future. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). 'rhe result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 1 1. In the future, given that there will be no vehicular trips to and from Route 11 from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 6.2 Within the fifty root (50') setback from Route 11, the Applicant agrees to dedicate Lip to twenty feet (20') to Frederick County or the Virginia Department of Transportation within thirty (30) days of demand of said dedication from either Frederick County or the Virginia Department of Transportation for the purposes of expansion of Route 11 (Valley Pike) to install additional lanes of travel and other improvements associated with the Route I 1 (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-way. In the event the dedication and subsequent development of said land shall adversely affect the aforementioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. 7. Operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. $, Li htin 8.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSI-IA"), VDMME, and any other governmental or regulatory body that oversees mining 3 operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10, Environment 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. 4 • o 0 CD CJ-i Respectfully submitted, O-N MINERALS (.CHEMSTONE) COMPANY d/b/a CARMEUSE LIME & STONE By: J ct vv�r_7 i3a•r ram• Its: UC« �J�'�'r.�� ur-7 /V1ce.��w COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this A;rhday of %j YfiLCG'i _, 2012, by y `p C-1730 tf'G rz 1 Jr NOTARY PUBLIC , 1 My commission expires:' Registration number: •p ti�'v �' � V °I ;f57188 ES44) ' Q `EfA1771{Z\\\ 5 O CD C) FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83 COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this Z-� clay of 2012, by FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83. oaoaatoaa00000 4409 \rG Ci•���J�/0/// 4 URC • 'C� ' P4 My commission expires: Git3G2366 '. Registration number: .. � �,�, Gflti 5 • _r Qi. .'lam! '•.//.,..• Q Rn 6 uL 11u1 Yl Iv A�3 E ZO44•N I N G I r r i T.M. 33, '144 II. rrr I BASED ON REVIEW OF AVAILABLE DOC E TS IN O It THE POSSESSION OF FREDERICK COU Y PLANNING, y �0�\�6 e� �0��`, _ I'll EXISTING ING B9 EAR TO BE IN THE p=0�1 `i, - VICINITY F AN EXTENSION PROPERTY AT N39° 56' 05" • 2601.16'. THE 4�} QQ qi ii ' l,_ -"PROPOSE E9NING-WI RESOLVE ANY Q� + p AMBIGUITY OF LOCATIO ING BOUNDARY BY C r ZONING ANY REMAINING ORTION CEL 144 �i y 3 -..,. WHICH IS IN RA ZONING 0 EM ZONING. ,BRI Q 4M1 (AVC IW.rO) irM ` Y µx r0.m) u �l 1` r BLOW UP AT V=300' - o n d 21 N12 POOR ORIGINAL CD LJ i r) •�M/rmAli •t:.:`ytezy :19 �•h%' �. ,/�11 , r QQ�0 + / LANDSCAPE BERM Pq ' APPPDX. 10 FT. HIGHlbo J � Afi EXISTING QUARRY OPERATIONS' ".IIARTIN FARM 'f , LIFE ESTATE41 nB �) <' _ r S a $ } � 2 ` §s l § � m $ $■< �� _ CARUEUSE NA Patton Harris �� Sum�Fli_� Rust & «,,.c,.i..,,r Lon �� Ar■ftec# _ in 9-3-10 CLEARBROOK EXH BfT #2 ~���� � � &s o� T 540-467- m -�, _ � sow ' 7 ' COUNTY or � � --- 0 vt "■ Ia�CSCinr% '1♦ .x'n►Yi 1, j / /ra �� ,1 `; ` ` J •�;P=y-,' '• .' , l Pop JL- �� ,{ . .mot • ,� v�4 � �' � �� r •� , ,; .v / t 'EXISTING QUARRY / y C. ,.oPFRAT►ONS'i: • � , •;: '� ''�. K :jam '� ✓, a : / � f " r'' ' « rr ��+ -' ;� �� � : �✓fit; ,►��/ ♦ ` f MARTIN FARM s f � ti • , - _ •'a ! C `.' a :�•.:^ .�'�, LIFt ESTATE ' % i •a• r, �� •Yam %. �'�j$`YS. vt .r �Q�� � �� +� �' AN 1-1- 0 0 1_ 1 '? �, : h PROPOSED PROFFER STATEMENT REZONING: RZ# 0 / — // Rural Areas (RA) to Extractive Manufacturing (EM) PROPERTY: 92 Acres -►-/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of Tax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: O-N Minerals (Chemstone) Company d/b/a Carnleuse Linle & Stone Frances G. Martin as holder of life estate interest in parcel 44-A-83 APPLICANT: O-N Minerals (Chemstone) Company d/b/a Carnleuse Lime & Stone Frances G. Martin as holder of life estate interest ill parcel 44-A-83 (collectively "Applicant") PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): Winchester/Clearbrook February 8, 2011 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit 1," shall be in strict conformance with the following conditions, which shall supersede all other proffers On the Properties that may have been made prior hereto. hl the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning Which is ill effect Oil the day following the last day upon which the Frederick County Board Of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the terns rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. 'File headings of the proffers set forth below have been prepared for convenience or reference only and Shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to Or including the improvement or other proffered requirement, unless otherwise specified herein. Any profferecl conditions that would prevent the Applicant from conforming with State and/or federal regulations shall be considered hull and void. The term "Applicant" as referenced herein shall i11CIUdC Withill its Ineaning all fUtlll-C owners and SUCCeSS01-S ill IntCrCSt. `� I;� h F`:�f� G�jf•' � �j3 l`� �=1�j a %7 ! 0 Q Co 1. Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ("DMW) of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on Brucetown Road (Route 672). Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. In the development contemplated by the rezoning, the Applicant has no intention of removing or affecting the Martin farmhouse, and, in the long term, will put the farmhouse into adaptive reuse. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase H Archeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Department of Environmental Quality ("VDEQ") general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. O O 2 O CD -r 5. Blasting Control 5.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the DMM of the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. In the future, given that there will be no vehicular trips to and from Route 11 from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 7. Operational Noise Abatement T 1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. Lim 8.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSHA"), VDMME, and any other governmental or regulatory body that oversees mining operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 3 10. Environment 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. M • Respectfully submitted, O-N MINERALS (CHEMSTONE) COMPANY d/b/a CARMEUSE LDv1E & STONE By: v3A"e, i3o�o�n Its: (2nitV1_*ule c �,.t*_ A&,rJ srow�� COMMONWEALTH OF VIRGMA, AT LARGE COUNTY OF FREDERICK, to -wit: 5_r The foregoing instrument was acknowledged before me this 94 day of tqp' 2011, by N TARY PUBLIC r My commission expires: Registration number: �17 �7 y O cl) .r Co 5 I FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83 COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this Or day of 1"f , 2011, by FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83. T UBLIC My commission expires: ++``''''�� la 31 - DOl t Registration number: •� �� d� Q�19 POMM. S3211dX3 o -- NOISSIINV400 AW ; U - 99ZS91L # J3N n onend A8ViON on 4�G1C . C0 RESOLUTION o GIA, 1734 Action: PLANNING COMMISSION: August 3, 2011 - Recommended Approval BOARD OF SUPERVISORS: December 14, 201 1 U APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 40 1 -11 OF CARMEUSE NA — CLEARBROOK REZONING WHEREAS, Rezoning 90 1 -11 of Carmcuse NA — Clearbrook Rezoning, submitted by Patton I-Iarris Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers dated February 8, 2011, and last revised on July 12, 2011, was considered. Elie properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike arc located between the intersections of Route 1 1 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and 33-A-144 (portion ol). WHEREAS, the Plalliiiilg Co117ililssloil held a pLlblie lleai'Lllg on this I'e`/_oiling o17 JLuie 15, 2011 and a public meeting on August 3, 201 1; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 14, 201 1, and a public meeting on December 14, 201 1; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 92+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. 11DRes;l i 9-1 1 r � CD CD -r-- This ordinance shall be in effect on the date of adoption. 0-) Passed this 14th day of December, 2011 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Ross Spicer Aye Bill M. Ewing Nay Gene E. Fisher Aye Charles S. Del-Iaven, .Ir. Abstained Christopher E. Collins Nay A COPY ATTEST iol n RIt�ley, Jr. Pre rick County Administrator VIRGINIA: Fk. DEJI ICK COUNTY.SCT. This instrument of writing was produced to nie on la ao L� at /o: 5"5- 4" and with certificate acknowlcd ement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable Clerk I PROPOSED PROFFER STATEMENT REZONING: RZ# 01-11 Rural Areas (RA) to Extractive Manufacturing (EM) PROPERTY: 92 Acres +/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of Tax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone APPLICANT: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone ("Applicant") PROJECT NAME: Winchester/Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit 1," shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all fixture owners and successors in interest. Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on Brucetown Road (Route 672) unless another entrance is agreed upon by Frederick County or VDOT at some time in the future. Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. The Applicant will put the Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental Quality ("VDEQ") general air permit. Tile Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated Nvith the mining operations on the Properties. 7 9 5. Blasting Control 5.1 All blasting associated Nvith mining operations on the Properties shall be limited by the mining permit approved by the DMM of the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at some time in the future. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 1 1. In the Future, given that there will be no vehicular trips to and from Route 1 I from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use Including, but not limited to, Industrial which Is what Is currently depicted oil the County's Comprehensive Plan for the Properties. 6.2 Within the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate up to twenty feet (20') to Frederick County or the Virginia Department of Transportation within thirty (30) days of demand of said dedication from either Frederick County or the Virginia Department of Transportation for the purposes of expansion of Route 11 (Valley Pike) to install additional lanes of travel and other improvements associated with the Route 1 1 (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-way. In the event the dedication and subsequent development of said land shall adversely affect the aforementioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. 7. Operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. 8. Li htin 8.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSI-IA"), VDMME, and any other governmental or regulatory body that oversees mining 3 • 0 operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a mamier that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10. Environment 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. m Respectfully submitted, O-N MINERALS (CHEMSTONE) COMPANY d/b/a CARMEUSE LIME & STONE By: J' Cq VV r Its: COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: VA The foregoing instrument was acknowledged before me this /C� day of 2012, by :�Z r)-. e -cz, L 730 -a& I,- , �Iizh NOTARY PUBLIC r ' My commission expires: -v" 8-&-) /,3 Registration number: 3& `71 k- ^^•rppt t''AJJin^01111//Opp, PEG#;%511gg SI0N: EXPIRES . Q 'M120 f3 Z '•,p•Y`p ,'•� C TH OF y�C` a 0� �i$017i0100001 • 0 FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83 COMMONWEALTH OF VIRGII�TIA, AT LARGE - COUNTY OF FREDERICK, to -«'it: The foregoing instrument was acknowledged before me this 2Z clay of '14e4'er w , 2012, by FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83. aao�aoaa000a000 COPp der" NOT RY i IC �9,v�.•' NOiARY • • ,C�. �3110 My commission expires: a ;' REG # 362365 Registration number: O�_ e. •• nr ,Tc f� j •'� 6 r. °z f V .� �ioP o LANDSCAPE BERM. pP t f APPROX. 10 FT. HIGH OJT !! EXISffYGQI,'4RY / OPERATI %S` . ` p MARTIN FAR!d LIFE ESTATE Ic •_ { Yy .V t may, 'w r ��' j A N1 �a M AW 1W =Q �r b8UCET iE," m z0 " T.M.33, -144 ` I ............ - T.M 44-A• 3 A �' �QQORf- \\\ O E ZONING P OPOSED NING EM 1 I (10 BASED ON REVIEW OF AVAILABLE DOC ME TS IN 2 t�0 ^ r •4,0 , a _ p?V 'U .gyp"��i, �• 1� '` THE POSSESSION OF FREDERICK COU Y PLANNING, EXISTING flING'BAH#8A EAR TO BE IN THE VICINITY F AN EXTENSION PROPERTY p V) a }�pQO�q`�'PROPOSE �q - ii �� __ E SOUT AT N39° 56' OS" - 2601.16. THE ZONINC�XILI RESOLVE ANY AMBIGUITY OF LOCATIO ING BOUNDARY BY w J Z U ZONING ANY REMAINING ORTION CEL 144 :2 i �i'-•.-._- WHICH IS IN RA ZONING 0 EM ZONING. ,�n� Z I iAW 10.710 it BLOW UP AT 1"=300' coc a RE SOLUTION ``pGl�r 1 TJ[ Action: PLANNING COMMISSION: August'), 2011 - Recommended Approval BOARD OF SUPERVISORS: December 14, 2011 0 APPROVED 1:1 DENIED AN ORDINANCE AMENDING TI-U--- ZONING DISTRICT MAP REZONING 901- I I OF CARMEUSE NA — CLEARBROOK REZONING WHEREAS, Rezoning 1401-11 of Carraeuse NA — Ciearbrook Rezoning, submitted by Patton Harris Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92-7- acres rorn RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers dated February 8, 2011, and last revised on July 12, 2011, was considered. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike are located between the intersections of Route I 1 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and 33-A-144 (portion of). WHEREAS, the Plarming Conuliission held a public hearing on this rezoning on June 15, 2011 and a public meeting on August 3, 2011; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 14, 2011, and a public meeting on December 14, 2011; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 92+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District. The conditions voluntarily proffered in writing by the applicant and the property ov,mer are attached. PDRes'"19-1 1 0 0 This ordinance shall be in effect on the date of adoption. Passed this 14th day of December, 2011 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Ross Spicer Aye Bill M. Ewing Nay Gene E. Fisher Aye Charles S. DeHaven, Jr. Abstained Christopher E. Collins PDRes,'l9-11 Nay A COPY ATTEST John RrRtley, Jr. FrCderick County Administrator 1_10011_j�,a PROPOSED PROFFER STATEMENT REZONING: RZ# o/— // Rural Areas (RA) to Extractive Manufacturing (EM) PROPERTY: 92 Acres +/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of Tax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone Frances G. Martin as holder of life estate interest in parcel 44-A-83 APPLICANT: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone Frances G. Martin as holder of life estate interest in parcel 44-A-83 (collectively "Applicant") PROJECT NAME ORIGINAL DATE OF PROFFERS: REVISION DATE(S): Winchester/Clearbrook February 8, 2011 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit 1," shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning n7ay be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered mill and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. O O W `r� 0 • Land Use O O CD 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on Brucetown Road (Route 672). Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. In the development contemplated by the rezoning, the Applicant has no intention of removing or affecting the Martin farmhouse, and, in the long term, will put the farmhouse into adaptive reuse. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Department of Environmental Quality ("VDEQ") general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. 01 0 5. Blasting Control 5.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the DMM of the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. In the future, given that there will be no vehicular trips to and from Route 11 from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's_Compr_ehensive Plan for the Properties. Operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. 8. Lighting 8.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSHA" ), VDMME, and any other governmental or regulatory body that oversees mining operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. O iv 10. Environment 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. .19 • u Respectfully submitted, O-N MINERALS (CHEMSTONE) COMPANY d/b/a CARMEUSE LIME & STONE By: tAwei i3ollv.n Its: CAftr'.•Eu4,C. t- %.% *_ A-S"3 *'ro O O r-- c1.w COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: 5� The foregoing instrument was acknowledged before me this day of 14pP�, 2011, by `f'►a m �� [= �� tt� M 4, N TARY PUBLIC ✓ My commission expires: F Registration number: 9 y E • O O .r- r— FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83 COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this o7 day of AP"I f , 2011, by FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83. 4T*BLIC My commission expires: Lj''�. 1 Registration number: SD8dn o NOISSIINW00 JA . U 99z99[Z # 03d onend )XV10N 0 COCD 4 +C O w RESOLUTION:ry 17JA Action: PLAN-NING COMMISSION: August 3, 2011 - Recommended Approval BOARD OF SUPERVISORS: December 14, 2011 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01-11 OF CARMEUSE NA — CLEARBROOK REZONING WHEREAS, Rezoning #01-11 of Carmeuse NA — Clenrbrook Rezoning, submitted by Patton Harris Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92--/- acres -from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers dated February 8, 2011, and last revised on July 12, 2011, was considered. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike are located between the intersections of Route 1 1 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and 33-A-144 (portion of). WHEREAS, the Plan -ring Commission held a public hearing on this rezoning on .Tune 15, 2011 and a public meeting on August 3, 2011; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 14, 2011, and a public meeting on December 14, 2011; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 92+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes,'t 19-1 1 O O This ordinance shall be in effect on the date of adoption. Passed this 14tli day of December, 2011 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Ross Spicer Aye Bill M. ENving Nay Gene E. FishAye er Charles S. DeI-laven, Jr. Abstained Clu•istopher E. Collins Nay A COPY ATTEST Joln Rf,Riley; Jr. Fr�dei`ick County Administratoi V1I:GIIVIA: Frc,_ DEi:1C1<COUNTY.SCJ'. This instrument of writing was Produced to me on — P-06-1 I at _ / D 5-5— 404 and with certil'icate acknowledgement thereto annexed was admitted to record. "fax imposed by Sec. 58.1-802 of $-I��, and 58.1-801 have been paid, if assessable. PDRcsr 19-I I 4e'm- /) � , Clerk PROPOSED PROFFER STATEMENT REZONING: RZ# 01-11 Rural Areas (RA) to Extractive Manufacturing (EM) PROPERTY: 92 Acres +/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of Tax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone APPLICANT: 0-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone ("Applicant") PROJECT NAME: Winchester/Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit 1," shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. �7- Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on Brucetown Road (Route 672) unless another entrance is agreed upon by Frederick County or VDOT at some time in the future. Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. The Applicant will put the Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental Quality ("VDEQ") general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. Al Blasting Control 5.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the DMM of the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at some time in the future. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. In the future, given that there will be no vehicular trips to and from Route 11 from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 6.2 Within the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate up to twenty feet (20') to Frederick County or the Virginia Department of Transportation within thirty (30) days of demand of said dedication from either Frederick County or the Virginia Department of Transportation for the purposes of expansion of Route 11 (Valley Pike) to install additional lanes of travel and other improvements associated with the Route 11 (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-way. In the event the dedication and subsequent development of said land shall adversely affect the aforementioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. 7. Operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. 8. Li htin 8.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSHA"), VDMME, and any other governmental or regulatory body that oversees mining operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10. Environment 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. 2 i Respectfully submitted, O-N MINERALS (CHEMSTONE) COMPANY d/b/a CARMEUSE LIME & STONE By: 7.a es E7• 8o om Its: COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this c;�9/Aay of 2011, by �-a *� c s E. 'ff-o nr) 'ka, 0 k4& OTARY PUBLIC My commission expires: S Registration number: { f PUBLIC 'G REG # 357188 : V my D ' EXr'N�S� ' `t ''% ALTN Ok ����. FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83 COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83. ���1111111Jf/ ON i d0 pU6LIC REG # 32A329 My commission expires�1h11 s1S ON ; Registration number: c� ' PiRES : Z �•�., to�3tt�a UIMI- NOTAR P LIC CEpq� HI �` o ms Ml ° :�RUCET�N / z EL O N4 H T.M.33, T.M 44-A- 3 1.Q0 ;'� ,', Z E ZONING O P OPOSED NING EM R II 14 BASED ON REVIEW OF AVAILABLE DOC E TS IN = Y UO THE POSSESSION OF FREDERICK COU Y PIAN NING, U " g" �O,}$i� % 074p 'V I ! vws EXISTING RING'BOU EAR TO BE IN THE VICINITY FAN EXTENSION PROPERTY � (n m q O�' ',ipi'OQ - E SOUT AT N39' 56' 05" • 2601.16'. THE Q Q r RESOLVE ANY Ei©NIN I O_ LJ AMBIGUITY OF LCD ING BOUNDARY BY Z U i �........ ZONING ANY REMAINING ORTIONOP-PARCEL 144 WHICH IS IN RA ZONING 0 EM ZONING. ` 'BRU _- O ARC 106902 (MC ra./e) d BLOW UP AT 1"=300' i 130 Tatanka Lanc Stephenson, VA 22656-1852 .lone 6, 2011 June; Wilmot, Plarming Commission Chairman 107 North Kent Street Winchester, VA 22601 Madam Chairman: I am writing to ask you to support the C:armCUse rezoning request for the land along Route I I . My wife and I live at the southern end of the proposed new pit, and wc'Ve lived next to the quarry lily 28 years. A lot ofpeople think living close to a quarry would he a nuisance, but it is not bad. We've always had good relations with the quarry manaecmenl. and whenever we've had a COI111)lilltl( or Concern, they have answered It expediently and to our satisfaction. They are a good neighbor. 'They've given us ground SIM)e for Our horse pen and treated us well, S111CCi'ely, Grel R c' b o1s 1, CC: Gary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Conlnlissiorler Richard Shicicle, Chairman, Board of supervisors Charles S. De.1-laven, Stonewall District Supervisor r 3004 Martinsburg Pike Stephenson, VA 22656-1715 .Tune 3, 2011 The Frederick County Planning C:olumission .)line NVilmot. Chairman Gary R. C)ate.s, Stonewall District Planning C0111111imioner Stan Crockett, Stonewall District Planning Commissioner 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: I won't he nt the; public hearing for the Carnlcuse rezoning on the 151", as it is my birthday. I want to urge my support. Tills quarry has been in our community a long time, and the current owner; Carnicuse, has been very acconnmxlaLing to the concerns o1 the neighbors. I am satisfied that their proffers will protect the c0r11rr1unity, and they will do a good job. Sincerely, l"'rances G. Martin A/v, FA To: Richard C. Shickle, Chairman and Supervisor -At-Large, Frederick County Board of Supervisors Charles S. DeHaven, Supervisor, Stonewall District, Frederick County Board of Supervisors June Wilmot, Chairman and Member At Large, Frederick County Planning Commission Gary R. Oates, Commissioner, Stonewall District, Frederick County Planning Commission Stan Crockett, Commissioner, Stonewall District, Frederick County Planning Commission Lady and Gentlemen: We are neighbors and friends of the Clear brook quarry. We are writing this letter to show our support for the Clear Brook quarry rezoning_ This quarry has been a part of Clear Brook for a long time. The quarry has provided many people with jobs over the years. It has supported local businesses. It has lent its equipment and donated stone and ag lime to local churches and neighbors. The new owner, Carmeuse, has been a decent neighbor. They have made several improvements, and they have been willing to work with this community about noise and traffic issues. They have held meetings and provided information from trustworthy sources. We are satisfied that the proffers and other guarantees they have made will protect the Clear Brook community from any undue inconvenience, while providing jobs and income for our future as a community. Name Signature ..) Address 161 to 3086 Martinsburg Pike Clear Brook, VA 226211133 June 3, 2011 June Wilmot, Planning Commission Chairman Clary R. Oates, Stonewall District planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard Shickle, Chairman, Hoard of Supervisors Charles S. DcHaven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Madam: 1 am writing to nsk your support Mr the Carnleuse rezoning. My house is right next to the proposed rezoning. My wife and I have been to their meetings, and hosted one in our home. The company has been trying to find out what we want, regarding its appearance and noise reduction. They have told us what they intend to do, and answered ow questions In a tilllely manner. Their local manager, Brian Lenhart, has been very up -front. When he didn't know the answer to a qu"dw, , he always called me back in a clay with an answer. I all) satisfied with the answers and guaI-'Mtces they have given and urge your support. Sincerely, Marion D. Payne, Jr. 3096 blashuburg Pike Clear Brook, VA 22624-1 133 June 3, 2011 .tune. Wilmot, Planning Commission mission Chairman Gary R. Oates, Stonewall District Planning Coin missioiler Stan Crockett, Stonewall District Planning Commissioner Richard Shickle, Chairman, Board of Supervisors Charles S. Del liven, Stonewall District Supervisor 107 North Kent Street Whichester, VA 22601 Dear Sias and Madam: I can't be at Ilse pubhe hearing due to illy work schedule, so I and writing to support the Carnleuse rezoning. My home is located next to tic proposed quarry berth on Route 11, so I have been following this issue closely with my neighbors. The company has asked us what we wanted to keep our ncighbodwod Nee of noise and other nuisances, and to guarantee our property values. They have provided good answers, and they have been glad to meet with us whenever we had n question. Sincercly�,; .(<seph L. Butts 3144 Martinsburg Pike Clear Brook, VA 22624-1133 June 15, 2011 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: Since I couldn't be at the meeting to speak tonight, I am writing you to express my support for the Carmeuse rezoning request. I live in a home next to the proposed quarry pit. Over the years, the quarry has been a good neighbor. We have a club that flies ultralight aircraft. The quarry has cooperated with us and let us use their land for our runway without charge. They also took care of all the legal issues necessary for us to use their land, which is far and beyond what we requested. As far as their future plan, they have been very cooperative and up front with the neighbors. They have explained their intentions, held meetings, given us guarantees, and brought in a sound engineer to deal with the potential noise issues. I support this rezoning. Sincerely, Randy Cornwell cc: Richard Shickle, Chairman, Board of Supervisors Charles S. DeHaven, Stonewall District Supervisor 130 Tatanka bane Stephenson, VA 22656-1852 June 6, 2011 June; Wilmot, Platming Commission Chairman 107 North Kent Street Winchester, VA 22601 Madam Chairman: 1 am writing to ask you to support the Carmeuse rezoning request for the land along; Route I I . My wife and I live at the southern end of the proposed netiv pit, and we've lived next to the quarry tin• 28 years. A lot of people think living close to a quarry would be n nuisance, Nut it is not bad. We've always had good relations with the quarry management, and whenever we've had a complaint or concern, they have answered it expediently and to our satisEnction. They are a good neighbor. They've given us ground stone for our horse pen and treated us well. Sincerely, Gmg Ro1 c •ts .C.: Gary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard Shickle, Chairman, Board of Supervisors Charles S. Del -laver, Stonewall District Supervisor r 3004 Martinsburg Pike Stephenson, VA 22656-1715 .tune 3, 2011 "I'he Frederick County Planning Commission .I11►1e tiVilmot, Chairman Gary K. Dates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner 107 North Kent Street Wincllcster, VA 22601 Ladies and Gentlemen: I won't he at the public hearing for the Carmetlse rezonim, on the 15"', as it is my birthday. 1 want to urge lily support. This quarry has been in our co1lununity a long time, arld the CIJl-rent owner, (',I I'll has been very accommodating to the concerns of the neighbors. I a111 satisfied that their proffers will protect the community, and they will do a good job. Sincerely, 1'rances G. Martin rr To: Richard C. Shickle, Chairman and Supervisor -At-Large, Frederick County Board of Supervisors Charles S. Del-laven, Supervisor, Stonewall District, Frederick County Board of Supervisors June Wilmot, Chairman and Member At Large, Frederick County Planning Commission Gary R. Oates, Commissioner, Stonewall District, Frederick County Planning Commission Stan Crockett, Commissioner, Stonewall District, Frederick County Planning Commission Lady and Gentlemen: We are neighbors and friends of the Clear brook quarry. We are writing this letter to show our support for the Clear Brook quarry rezoning. This quarry has been a part of Clear Brook for a long time. The quarry has provided many people with jobs over the years. It has supported local businesses. It has lent its equipment and donated stone and ag lime to local churches and neighbors. The new owner, Carmeuse, has been a decent neighbor. They have made several improvements, and they have been willing to work with this community about noise and traffic issues. They have held meetings and provided information from trustworthy sources. We are satisfied that the proffers and other guarantees they have made will protect the Clear Brook community from any undue inconvenience, while providing jobs and income for our future as a community. Name Signature Address 16. 1 j,r,,c4..s fir f, i 3086 Martinsburg Pike C:loar Brook, VA 226241 133 June 3, 2011 .]line Wilmot, Planning Commission Chairman Gary R. Oates, Stonewall District Plan-ning Comn'lissioner Stan Crockett, Stonewall District Planning Commissioner Richard Shickle, Chairman, Board of Supervisors Charles S. Del-Iaven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and (\Madam: 1 am writing to ask your support A the C'armeuse rezoning. My house is right next to the proposed rezoning, My wife and I have been to their meetings, and hosted one in our home. The company has been trying to find oW What we want, regarding its appearance and noise rmiuction. They have told us what they intend to do, and answered our questions in a timely manner. 'Their local manager. Brian L,enhart, has been very up -front. When he didn't know the answer to a question, he always called me back in a clay with an answer. I an, satisfied with the answers and guarantees they have given and urge your support. Sincerely, Marion D. Payne, Jr. IN 1 3096 Martinsburg Pike Clear Brook, VA 226240 133 ,tune 3, 2011 .lunc. Wilmot, Planning Commission Chairman Gary R. Oates; Stonewall District Plaiuiing Commissioner Stan Crockett; Stonewall District Planning Commissioner Richard Shickle, Chairman, Board of Supervisors Charles S. Del liven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sit:, and Madam: I can't be at the public hearing due to my work schedule, so I am writing to support the Carmeuse mzmdn& My home is located next to the proposed quany berm on Route 11, so I have bCell 11011owing this issue closely with my neighbors. The company has asked us What we wanted to keep our neighborhood Ace of noise and other nuisances, and to guarantee our properly values. They have provided good answers, and they have been glad to meet with us whenever we had a question. Sincerely,, ,Ii seph I,. Butts 3144 Martinsburg Pike Clear Brook, VA 22624-1133 June 15, 2011 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: Since I couldn't be at the meeting to speak tonight, I am writing you to express my support for the Carmeuse rezoning request. I live in a home next to the proposed quarry pit. Over the years, the quarry has been a good neighbor. We have a club that flies ultralight aircraft. The quarry has cooperated with us and let us use their land for our runway without charge. They also took care of all the legal issues necessary for us to use their land, which is far and beyond what we requested. As far as their future plan, they have been very cooperative and up front with the neighbors. They have explained their intentions, held meetings, given us guarantees, and brought in a sound engineer to deal with the potential noise issues. I support this rezoning. Sincerely, Randy Cornwell cc: Richard Shickle, Chairman, Board of Supervisors Charles S. DeHaven, Stonewall District Supervisor A 130 Tatanka Lane Stephenson, VA 22656-1852 June 6, 2011 June Wilmot, Plaluling Connnission Chairman 107 North Kent Street Winchester, VA 22601 Madam Chairman: I am writing to ask you to support the Carmcuse rezoning request for the land along Route 11. My wife and I live at the southern end of the proposed new pit, and we've lived next to the quarry Or 28 years. A lot ol•peoplc think living close to a quarry wmdd be a nuisance, but it is not bad. We've always had good relations with the quarry mmnagement, and whenever we've had a complanit or concern, they have Answered it expediently and to our satisHwHon. They are a hood neighbor. "They've given is ground stone for our horse pen and treated us well. Sincerely, Greg RoL e t.s \' � ,C: Clary R. Oates, Stonewall District Planning Commissioner Shin Crockett, Stonewall District Planning Coninussioner Richard Shickle, Chairman, Board ol•Superviso►:s Charles S. Del -liven, Stonewall District Supervisor r� 3004 Martinsburg Pike Stephenson, VA 22656-1715 .tune 3, 2011 The. Frederick County Planning COmnAmbn .tune ,"Iilmot. Chairman Gary. R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner 107 North Kent Street Winclhcster, VA 22601 Ladies and Gentlemen: I won't he nt the public hearing for the Carmeuse rezoning on the 15"', as it is my birthday. 1 want to urge my support. This quarry has been in our community a long time, and the currant owner; Arnicuse, has been very accommodating to the concerns oi'the neighbors. I'Ini SaliAW that their proffers will protect the comtTiunity, and they will do a good job. Sincerely, ]Frances G. Martin To: Richard C. Shickle, Chairman and Supervisor -At-Large, Frederick County Board of Supervisors Charles S. DeHaven, Supervisor, Stonewall District, Frederick County Board of Supervisors June Wilmot, Chairman and Member At Large, Frederick County Planning Commission Gary R. Oates, Commissioner, Stonewall District, Frederick County Planning Commission Stan Crockett, Commissioner, Stonewall District, Frederick County Planning Commission Lady and Gentlemen: We are neighbors and friends of the Clear brook quarry. We are writing this letter to show our support for the Clear Brook quarry rezoning. This quarry has been a part of Clear Brook for a long time. The quarry has provided many people with jobs over the years. It has supported local businesses. It has lent its equipment and donated stone and ag lime to local churches and neighbors. The new owner, Carmeuse, has been a decent neighbor. They have made several improvements, and they have been willing to work with this community about noise and traffic issues. They have held meetings and provided information from trustworthy sources. We are satisfied that the proffers and other guarantees they have made will protect the Clear Brook community from any undue inconvenience, while providing jobs and income for our future as a community. Name Signature Address 3086 Martinsburg Pike Clear Brook, VA 22624-1 133 June 3, 2011 .]line Wilmot, Planning Commission Chairman Gary R. Untes, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commisslonel' Richard Shickle, Chairman, Board of Supeevisors Charles S. Del -laves, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear sirs and Madam: 1 am writing to ask your support Mr the Carmeuse rezoning. My house is right next to the. Proposed rezoning. My wife; and l have been to their meetings, and hosted one in our home. The company has been trying to find out what we want, regarding its appearance and noise reduction. They have told us what they intend to do, and answered our questions in a timely manner. Their local manager, Brian Lenhart, has been very up -front. When he didn't 1,I)obV the answer to a question, he always called me back in a day with an answer. 1 aln satisfied with the answe)s and guarantees they have given and urge your support. Sincerely, Marion D. Paync, Jr. 3096 Martinsburg Pike Clear Brook, VA 22624-1133 June 3, 2011 June Wilmot, Planning Commission Chairman Gary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard S.hickle, Chairman, Board of Supervisors Chivies S. Deflaven, Stonewall District Supervisor 107 North Kent Street Winchester. VA 22601 Dear Sirs and Madam: I can't be at the public hearing due to my work schedule, so I am writing to support the Carmeuse rezoning. My home is located next to the proposed quarry berm on Route 11, so 1 have been following this issue closely with my neighbors. The company has asked us what we waatted to keep our neighborhood free of noise and other nuisances, and to guarantee our property values. They have provided good answers, and they have been glad to meet with us whenever we had a question. Sincerely,., G�- . oseph L. Butts 3144 Martinsburg Pike Clear Brook, VA 22624-1133 June 15, 2011 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: Since I couldn't be at the meeting to speak tonight, I am writing you to express my support for the Carmeuse rezoning request. I live in a home next to the proposed quarry pit. Over the years, the quarry has been a good neighbor. We have a club that flies ultralight aircraft. The quarry has cooperated with us and let us use their land for our runway without charge. They also took care of all the legal issues necessary for us to use their- land, which is far and beyond what we requested. As far as their future plan, they have been very cooperative and up front with the neighbors. They have explained their intentions, held meetings, given us guarantees, and brought in a sound engineer to deal with the potential noise issues. I support this rezoning. Sincerely, : K5�� Randy Cornwell cc: Richard Shickle, Chairman, Board of Supervisors Charles S. DeHaven, Stonewall District Supervisor- fe 130 Tatanka I_,anc Stephenson, VA 22656-1852 ,tune 6, 2011 June Wilmot, Plaiuning Commission Chairman 107 North Kent Street Winchester, VA 22601 Madam Chairman; I ani writing to ask you to support the Cal'mCLISC rezoning request for the land along Route 1 l . My wife and I live at the southern end of the proposed ue v pit, and we've lived next to the quarry tin• 28 years. A lot ol'people think living; close to a quarry would be a nuisance, but it is not bad. We've always had good relations with the quarry management, and whenever we.'vc had a complaint or concern, they have answered it expediently and to our satislhction. They are a good neighbor. They've given us gro I I Stolle for our horse Pen and treated us well. Sincer,ely, � r, Greg Rol c .ts CC. Clary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard Shickle, Chairman, Board of Supervisors Charles S. DeI-liven, Stonewall District Supervisor w 3004 Martinsburg Pike Stephenson, VA 22656-1715 June 3, 2011 The Frederick County Planning Commission June Wilmot, Chairman Gary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Plaiuung Commissioner 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: I won't be at the public hearing for the Carmeuse rezoning on the 15"i, as it is my birthday. I want to urge my support. This quarry has been in our community a long time, and the current owner, Carmeuse, has been very acconunodating to the concerns of the neighbors. I am satisfied that their proffers will protect the community, and they will do a good job. Sincerely, Prances G. Martin e r To: Richard C. Shickle, Chairman and Supervisor -At-Large, Frederick County Board of Supervisors Charles S. DeHaven, Supervisor, Stonewall District, Frederick County Board of Supervisors June Wilmot, Chairman and Member At Large, Frederick County Planning Commission Gary R. Oates, Commissioner, Stonewall District, Frederick County Planning Commission Stan Crockett, Commissioner, Stonewall District, Frederick County Planning Commission Lady and Gentlemen: We are neighbors and friends of the Clear brook quarry. We are writing this letter to show our support for the Clear Brook quarry rezoning. This quarry has been a part of Clear Brook for a long time. The quarry has provided many people with jobs over the years- It has supported local businesses. It has lent its equipment and donated stone and ag lime to local churches and neighbors. The new owner, Carmeuse, has been a decent neighbor. They have made several improvements, and they have been willing to work with this community about noise and traffic issues. They have held meetings and provided information from trustworthy sources. We are satisfied that the proffers and other guarantees they have made will protect the Clear Brook community from any undue inconvenience, while providing jobs and income for our future as a community. Name Signature Address ���� ;,•j C�lti=r. (t;,,��c. `i .. i �<'rc.�.. C ..�0��•; a�C��C V A V?[.y'Sl I 3086 Martinsburg Pike Clear Brook, VA 22624-1 133 June 3, 2011 .Jude Wilmot, Planning Commission Chairman Clary R. Oatcs, Stonewall District Planning Conilnis3loner Stan Crockett, Stonewall District Planning Commissioner Richard Shickle, Chairman, Board of Supellvisors Charles S. DeHaven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and (\Madam: 1 all, writing to ask your support Mr the Carmeuse rezoning. My house is right next to the. proposed rezoning. My wife and I have been to their meetings, and hosted one in our home. I'11e empany has been trying to find out what we want, regarding its appearance and noise reduction. They have told us what they intend to do, and arimvered Our questions in a timely manner. Their local manager, Brian I,enharl, has been very up -front. When he didn't know the answer to a question, he always called me back in a day with an answer. I and satisfied with the answers and guarantees they, have given and Urge your support. Sincerel}�, Marion D. Payne, Jr. 3096 'Martinsburg Pike Clear Brook, VA 22624-1133 June 3.2011. June Wilmot, Planming C:onunission Chairman Gary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard Shickle, Chairman, Board of Supervisors Charles S. DeI-laven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Madam: I can't be at the public hearing due to my work schedule, so i any writing to support the Carmeuse rezoning. My home is located next to the proposed. quarry berm on Route 11, so 1 have been following this issue closely with my neighbors. The company has asked us what we wanted to keep our neighborhood free of noise and other nuisances, and to guarantee our property values. They have provided good answers, and they have been glad to meet with us whenever we had a question. Sincerely;, J seph L. Butts 3144 Martinsburg Pike Clear Brook, VA 22624-1133 June 15, 2011 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: Since I couldn't be at the meeting to speak tonight, I am writing you to express my support for the Carmeuse rezoning request. I live in a home next to the proposed quarry pit. Over the years, the quarry has been a good neighbor. We have a club that flies ultralight aircraft. The quarry has cooperated with us and let us use their land for our runway without charge. They also took care of all the legal issues necessary for us to use their land, which is far and beyond what we requested. As far as their- future plan, they have been very cooperative and up front with the neighbors. They have explained their- intentions, held meetings, given us guarantees, and brought in a sound engineer to deal with the potential noise issues. I support this rezoning. cc: Sincerely, v Randy Cornwell Richard Shickle, Chairman, Board of Supervisors Charles S. DeHaven, Stonewall District Supervisor 130 Tatanka Larc Stephenson, VA 22656-1852 ,lone 6, 2011 June Wilmot, Planning Commission Chairman 107 North Kent Strect Winchester; VA 22601 Madam Chairman: I and writing to ash you to support the CaP 11CLISe rezoning request for the land along Route I l . My wife and I live at the southe►•n cnd of the proposed new pit, and \vc'\'e lived next to the quarry tin• 28 years. A lot ol•peoplc think living close to a quarry would be a nuisance, but It is not bad. We've always had good relations with the quarry management, and whenever tve.'vc had a complaint or concern, they have answered it expediently and to OUr satk fiction. They are a good neighbor. 'they've given us ground stonee for our liot•se pen and treated us well. Sine crcly, Grog Ro1 e s � t. CC. Clary R. Oates, Stonewall District Planning Conlllllssloner Stan Crockett, Stonewall District Planning Commissioner Richard Shickle, Chairman, Board of Supervisoi:s Charles S. Del -laver, Stonewall District Supervisor w The Frederick County Planning Commissic June Wilmot, Chairman Gary P, Oates, Stonewtrll District Planning Stan Crockett, Stonewall District Planning 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: I won't be at the public hearing for the Carmeuse rezoning on the 15"', as it is my birthday. I want to urge my support. This quarry has been in our community a long time, and the current owner, Carmeuse, has been very acconunodating to the concerns of the neighbors. I am satisfied that their proffers will protect the community, and they will do a good job. Sincerely, Frances G. Martin e 0( To: Richard C. Shickle, Chairman and Supervisor -At-Large, Frederick County Board of Supervisors Charles S. DeHaven, Supervisor, Stonewall District, Frederick County Board of Supervisors June Wilmot, Chairman and Member At Large, Frederick County Planning Commission Gary R. Oates, Commissioner, Stonewall District, Frederick County Planning Commission Stan Crockett, Commissioner, Stonewall District, Frederick County Planning Commission Lady and Gentlemen: We are neighbors and friends of the Clear brook quarry. We are writing this letter to show our support for the Clear Brook quarry rezoning. This quarry has been a part of Clear Brook for a long time. The quarry has provided many people with jobs over the years. It has supported local businesses. It has lent its equipment and donated stone and ag lime to local churches and neighbors. The new owner, Carmeuse, has been a decent neighbor. They have made several improvements, and they have been willing to work with this community about noise and traffic issues. They have held meetings and provided information from trustworthy sources. We are satisfied that the proffers and other guarantees they have made will protect the Clear Brook community from any undue inconvenience, while providing jobs and income for our future as a community. Name ( Signature Address ­' 3086 Martinsburg Pike Clear Brook, VA 22624-1 133 June 3, 2011 June Wilmot, Planning Commission Chairman Clary R. Dales, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard Shickle, Chairman, Hoard of Supervisors Charles S. Del-laven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Deal -Sirs and Madan]: 1 and writing to ask your support Oor the C 11-111cuse rezoning. My house is right next to (Ile proposed rezoning. My wife and I hnve been to their meetings, and hosted one in our home. The company has been trying to find out what we want, regarding its Appearance and noise reduction. They have told us what they intend to do, and answered Our questions in a timely manner. Their local manager; Brian Lenhnrl, has been very up -front. When he didn't know the answer to a question, he always called me back in a day with an answer. I and satisfied with the answel.�; and guarantees they have given and urge your support. Sincerely, Marion D. Payne, Ir. 3096 Martinsburg Pike Clear Brook, VA 22624-1133 June 3, 2011 June Wilmot, Planning Commission Chairman Gary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard S.hickle, Chairman, Board of Supervisors Chau•les S. DeFlaven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Madam: I can't be at the public hearing due to my work schedule, so I am writing to support the Carmeuse rezoning. My home is located next to the proposed quarry berm on Route 11, so I. have been following this issue closely with my neighbors. The company has asked us what we wanted to keep our neighborhood free of noise and other nuisances, and to guarantee our property values. They have provided good answers, and they have been glad to meet with us whenever we had a question. Sincerely,., �' V J G- � . oseph L. Butts 3144 Martinsburg Pike Clear Brook, VA 22624-1 133 June 15, 2011 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: Since I couldn't be at the meeting to speak tonight, I am writing you to express my support for the Carmeuse rezoning request. I live in a home next to the proposed quarry pit. Over the years, the quarry has been a good neighbor. We have a club that flies ultralight aircraft. The quarry has cooperated with us and let us use their land for our runway without charge. They also took care of all the legal issues necessary for us to use their land, which is far and beyond what we requested. As far as their future plan, they have been very cooperative and up front with the neighbors. They have explained their intentions, held meetings, given us guarantees, and brought in a sound engineer- to deal with the potential noise issues. I support this rezoning. cc: Sincerely, Randy Cornwell Richard Shickle, Chairman, Board of Supervisors Charles S. DeHaven, Stonewall District Supervisor 0 r 130 Tatanka Dane Stephenson, VA 22656-1852 .tune 6, 2011 June; Wilmot, Planning Commission Chairman 107 North Kent Street Winchester; VA 22601 N/ladam Chairman: an: I and writing to ask you to support the Carnlcuse rezoning request An the land Ong Route 1 1. Q wife and I live at the southern end of the Proposed new Pit, and we've lived next to the quarry Ibr 28 years. A lot ofpeoplc think living close to a quarry would be a nuisance, but it is not bad. We've always had good relations with the quarry !]mnag nlen[ and whenever we've had a complaint at- colleeril, they 11l1Vc allsNvered It expediently and to our satishtc%. They are a good neighbor. 'Hwy've given us grounil stony: for our horse pen and treated us well. Sincerely, Greg Rot c Is CC. Clary R. Oates, Stonewall District Planning Colllnlissioner Stan Crockett, Stonewall District Planning Commissioner Richard SMckle, Chairman, Board ol'Supervisol:5 Charles S. Der-laven, Stonewall District Supervisor w The Frederick County Planning Connmissic June Wilmot, Chairnian Gary R Dates, Stonewall District Planning Stan Crockett, Stonewall District Planning 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: 1 won't be at the public hearing for the Carmeuse rezoning on the 15"', as it is my birthday. I want to urge my support. This quarry has been in our community a long time, and the current owner, Carnieuse, has been very acconunodating to the concerns of the neighbors. I am satisfied that their proffers will protect the community, and they will do a good job. Sincerely, �.%Gfe'�-t:.,+-tom" ��%. ✓ / !"�' Prances G. Martin e 0( To: Richard C. Shickle, Chairman and Supervisor -At-Large, Frederick County Board of Supervisors Charles S. DeHaven, Supervisor, Stonewall District, Frederick County Board of Supervisors June Wilmot, Chairman and Member At Large, Frederick County Planning Commission Gary R. Oates, Commissioner, Stonewall District, Frederick County Planning Commission Stan Crockett, Commissioner, Stonewall District, Frederick County Planning Commission Lady and Gentlemen: We are neighbors and friends of the Clear brook quarry. We are writing this letter to show our support for the Clear Brook quarry rezoning. This quarry has been a part of Clear Brook for a long time. The quarry has provided many people with jobs over the years. It has supported local businesses. It has lent its equipment and donated stone and ag lime to local churches and neighbors. The new owner, Carmeuse, has been a decent neighbor. They have made several improvements, and they have been willing to work with this community about noise and traffic issues. They have held meetings and provided information from trustworthy sources. We are satisfied that the proffers and other guarantees they have made will protect the Clear Brook community from any undue inconvenience, while providing jobs and income for our future as a community. Name ( Signature Address ­' r 3086 MnNnsbwg Pike Clear Brook, VA 22624-1 133 June 3, 2011 .tune Wilmot, Planning Commission Chairman Clary R. Ontes, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard Shickle, Chairman, Board of Supervisors Charles S. Del-laven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear SO and Madam: I am %wing to ask your support Mr the C irmeume rezoning. My house is right nest to the proposed rezoning. My wife and I have been to their meetings, and hosted one in our home. The company has hecn trying to find out what we want, regarding its appearance and noise reduction. They have told us what they intend to do, and answered our questions in a timely manner. Their local manager, Brian L,enharl, has been very up -front. When he didn't know the answer to a quesliou, he always called me back in a day with an answer. I am satisfied with the answers and guarantees they have given and urge your supporl, Sincerely, Marion D. Payne, Jr. 3096 Martinsburg Pike Clear Brook, VA 22624-1133 June 3, 2011 June Wilmot, Planning Commission Chairman Gary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard S.hickle, Chairman, Board of Supervisors Chau•les S. DeFlaven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Madam: I can't be at the public hearing due to my work schedule, so I am writing to support the Carmeuse rezoning. My home is located next to the proposed quarry berm on Route 11, so I. have been following this issue closely with my neighbors. The company has asked us what we wanted to keep our neighborhood free of noise and other nuisances, and to guarantee our property values. They have provided good answers, and they have been glad to meet with us whenever we had a question. Sincerely,., �' V J G- � . oseph L. Butts 3144 Martinsburg Pike Clear Brook, VA 22624-1133 June 15, 2011 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: Since I couldn't be at the meeting to speak tonight, I am writing you to express my support for the Carmeuse rezoning request. I live in a home next to the proposed quarry pit. Over the years, the quarry has been a good neighbor. We have a club that flies ultralight aircraft. The quarry has cooperated with us and let us use their land for our runway without charge. They also took care of all the legal issues necessary for us to use their land, which is far and beyond what we requested. As far as their future plan, they have been very cooperative and up front with the neighbors. They have explained their intentions, held meetings, given us guarantees, and brought in a sound engineer to deal with the potential noise issues. I support this rezoning. Sincerely, Randy Cornwell cc: Richard Shickle, Chairman, Board of Supervisors Charles S. DeHaven, Stonewall District Supervisor 130 Tatanka Lane Stephenson, VA 22656-1852 June 6, 2011 June Wilmot, Planning Commission Chall"111,1n 107 North Kent Street Winchester, VA 22601 Madam Cllninliall: I am writing to ask you to support the 0a1'111CUse rezoning request for (lie land along Route 1 I . My wife and I live at file southern end of the proposed new pit, and we've lived next to the quarry fin• 28 years. A lot ol'People think living close to a quarry would be a nuisance, but it is not bad. We've always had good relations with the quarry Illillla9e111el1t. alld whenever \ve've had a complaint or eolleel7l, they have answered it expediently and to our satislliction. They are a good neighbor. They've given is groun(1 slope. for our home Pen 111(1 treated us well. Sincerely, y Greg Rol c •ts CC. Clary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard Shickle, Chairman, Board of Supervisors Charles S. Del-laven, Stonewall District Supervisor w The Frederick County Planning Connmissic June Wilmot, Chairnian Gary R Dates, Stonewall District Planning Stan Crockett, Stonewall District Planning 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: 1 won't be at the public hearing for the Carmeuse rezoning on the 15"', as it is my birthday. I want to urge my support. This quarry has been in our community a long time, and the current owner, Carnieuse, has been very acconunodating to the concerns of the neighbors. I am satisfied that their proffers will protect the community, and they will do a good job. Sincerely, �.%Gfe'�-t:.,+-tom" ��%. ✓ / !"�' Prances G. Martin e 0( To: Richard C. Shickle, Chairman and Supervisor -At-Large, Frederick County Board of Supervisors Charles S. DeHaven, Supervisor, Stonewall District, Frederick County Board of Supervisors June Wilmot, Chairman and Member At Large, Frederick County Planning Commission Gary R. Oates, Commissioner, Stonewall District, Frederick County Planning Commission Stan Crockett, Commissioner, Stonewall District, Frederick County Planning Commission Lady and Gentlemen: We are neighbors and friends of the Clear brook quarry. We are writing this letter to show our support for the Clear Brook quarry rezoning. This quarry has been a part of Clear Brook for a long time. The quarry has provided many people with jobs over the years. It has supported local businesses. It has lent its equipment and donated stone and ag lime to local churches and neighbors. The new owner, Carmeuse, has been a decent neighbor. They have made several improvements, and they have been willing to work with this community about noise and traffic issues. They have held meetings and provided information from trustworthy sources. We are satisfied that the proffers and other guarantees they have made will protect the Clear Brook community from any undue inconvenience, while providing jobs and income for our future as a community. Name ( Signature Address ­' 3086 Martinsburg Pike Clear Brook, VA 22624-1 133 June 3, 2011 .lunc Wilmot, Planning Commission Chairman Clary R. Gates, Stonewall District Planning Conimissioner State Crockett., Stonewall J)islrict Planning Conlrllissiolx!r Richard Shicicle, Chairman, Board of Supervisors Charles S. DCH,'Vell, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Madam: 1 and writing to ask your support tf)r the Carnleuse rezoning. My house, is right nest to the proposed rezoning. My wife and I have been to their meetings, and hosted One in our ]lotue. The company has been trying to find out what we want, regarding ifs appearance and noise reduction. They have told us what they intend to do, and answered our (questions Ln a timely manner. Their local manager. Brian Lenharl, has been very up -front. When he didn't know the answer to a question, he always called nee back in a clay with an answer. I and satisfied with the answers and guar<ultces they have given and urge yolm support. Sincerely, Marion D. Payne, Jr.. 3096 Martinsburg Pike Clear Brook, VA 22624-1 133 ,tune 3, 2011 .June wilnlot, Planning Commission Chairman Gary R. Oates, Stonewall District Plan -ling Coin inissioner Stan Crockett, Stonewall District Planning Commissioner Richard SAW, Chairman, Board of Supervisors Charles S. Del-laven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Madam: I can't be at the public hearing due to my work schedule, so I am writing to support the Carnleuse rezoning. My home K located next to the proposed ClUarl-y I)er111 On Route 11. SO I have bccn R)llowinp this issue closely with my neighbors. The company has asked us what we wanted to keep our neighborhood Nee of noise and other nuisances, and to guarantee our property values. They Ilrlve provided good answers, and they have been l;lad to meet with us whenever we had a question. Sincerer}�;, Joseph I,. Butts 3144 Martinsburg Pike Clear Brook, VA 22624-1133 June 15, 2011 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: Since I couldn't be at the meeting to speak tonight, I am writing you to express my support for the Carmeuse rezoning request. I live in a home next to the proposed quarry pit. Over the years, the quarry has been a good neighbor. We have a club that flies ultralight aircraft. The quarry has cooperated with us and let us use their- land for our runway without charge. They also took care of all the legal issues necessary for us to use their land, which is far and beyond what we requested. As far- as their future plan, they have been very cooperative and up front with the neighbors. They have explained their intentions, held meetings, given us guarantees, and brought in a sound engineer to deal with the potential noise issues. I support this rezoning. Sincerely, Randy Cornwell cc: Richard Shickle, Chairman, Board of Supervisors Charles S. DeHaven, Stonewall District Supervisor r. 130 Tatanka hang Stephenson, VA 22656-1852 June 6, 2011 June Wilmot, Plarming Commission Chairman 107 North Kent Street Winchester, VA 22601 Hallam Chairman: I am writing to ask you to support the Carmeuse rezoning request for the land along Route 1 1. My We and I live at the southern end of the proposed new Pit, and we've lived next to the quarry IN 28 yews. A lot of people think living close to n quarry would be a nuisance, but it is not had. We've always had good relations with the quarry management, and whenever we'vc had a cOmplalnt Or concern, they have anslvered it expediently and to our satiAction. They are a good neighbor. They've given us grounil Slone for our horse pen and treated us well. Sincerely, Greg Rot c is 'C.: Clary R. Oates, Stonewall District Planning Commissioner Stan Chakett, Stonewall District Planning Commissioner Richard ShicUq Chairman, Bonn! of Supervisors Charles S. Del-laven, Stonewall District Supervisor w The Frederick County Planning Connmissic June Wilmot, Chairnian Gary R Dates, Stonewall District Planning Stan Crockett, Stonewall District Planning 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: 1 won't be at the public hearing for the Carmeuse rezoning on the 15"', as it is my birthday. I want to urge my support. This quarry has been in our community a long time, and the current owner, Carnieuse, has been very acconunodating to the concerns of the neighbors. I am satisfied that their proffers will protect the community, and they will do a good job. Sincerely, �.%Gfe'�-t:.,+-tom" ��%. ✓ / !"�' Prances G. Martin e 0( To: Richard C. Shickle, Chairman and Supervisor -At-Large, Frederick County Board of Supervisors Charles S. DeHaven, Supervisor, Stonewall District, Frederick County Board of Supervisors June Wilmot, Chairman and Member At Large, Frederick County Planning Commission Gary R. Oates, Commissioner, Stonewall District, Frederick County Planning Commission Stan Crockett, Commissioner, Stonewall District, Frederick County Planning Commission Lady and Gentlemen: We are neighbors and friends of the Clear brook quarry. We are writing this letter to show our support for the Clear Brook quarry rezoning. This quarry has been a part of Clear Brook for a long time. The quarry has provided many people with jobs over the years. It has supported local businesses. It has lent its equipment and donated stone and ag lime to local churches and neighbors. The new owner, Carmeuse, has been a decent neighbor. They have made several improvements, and they have been willing to work with this community about noise and traffic issues. They have held meetings and provided information from trustworthy sources. We are satisfied that the proffers and other guarantees they have made will protect the Clear Brook community from any undue inconvenience, while providing jobs and income for our future as a community. Name ( Signature Address ­' 3086 Martinsburg Me Clear Brook, VA 226241 133 June 3, 2011 .111110 Wilmot, Plann►ng Commission Chairman Clary R. Oates, Stonewall District Plan -ling Commissioner Stan Crockett, Stonewall District Plann►ng Commissioner Richard Shickle, Chairman, Board of Supervisors Charles S. Del -lave") Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Ivladalu: 1 am inOng to ask your support A the Arnmuse I.OZOning. My house is right next to tile proposal rezoning. My wife and I have been to their meetings, and hosted one in our home. The company has been trying to find out what we want, regarding its appearance and noise reduction. They have told us what they intend to do, and answered our questions in a timely manner. Their local manager, Brian Lenhart, has been very ul)-front. When he, didn't k11ow the answer to a question, he always called me back in a day with an answer. I and satisfied with the answers and guarantees they have given and large your support. Sincerely, Marion D. Payne, Jr. 3096 Martinsburg Pike Clear Brook, VA 22624-1133 June 3, 2011 June Wilmot, Planning Commission Chairman Gary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard S.hickle, Chairman, Board of Supervisors Chau•les S. DeFlaven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Madam: I can't be at the public hearing due to my work schedule, so I am writing to support the Carmeuse rezoning. My home is located next to the proposed quarry berm on Route 11, so I. have been following this issue closely with my neighbors. The company has asked us what we wanted to keep our neighborhood free of noise and other nuisances, and to guarantee our property values. They have provided good answers, and they have been glad to meet with us whenever we had a question. Sincerely,., �' V J G- � . oseph L. Butts 3144 Martinsburg Pike Clear Brook, VA 22624-1133 June 15, 2011 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: Since I couldn't be at the meeting to speak tonight, I am writing you to express my support for the Carmeuse rezoning request. I live in a home next to the proposed quarry pit. Over the years, the quarry has been a good neighbor. We have a club that flies ultralight aircraft. The quarry has cooperated with us and let us use their land for our runway without charge. They also took care of all the legal issues necessary for us to use their land, which is far and beyond what we requested. As far- as their future plan, they have been very cooperative and up front with the neighbors. They have explained their intentions, held meetings, given us guarantees, and brought in a sound engineer to deal with the potential noise issues. I support this rezoning. Sincerely, 7 Randy Cornwell cc: Richard Shickle, Chairman, Board of Supervisors Charles S. DeHaven, Stonewall District Supervisor d. 130 Tatanka lane Stephenson, VA 22656-1852 June 6, 2011 tune Wilmot, Plamiing Commission Chairman 107 North Kent Street Winchester; VA 22601 Madam Chairman; I aui writing to ask you to support the C:armeu se rezoning request for the land along Route 11. My wife and 1 live at the southern end of the proposed new pit, and we've lived next to the quarry Im 28 years. A lot ol'people think living close to a dUarry WOUld be a nuisance, but it is not bad. We've always had good relations with the quarry management, and whenever we.'vc had a complaint or concern, they have answered it expediently and to our satishaction. They are a rood neighbor. 'They've riven us rrounil slope. for our horse Pen and treated us well. Sincerely, Grob Rol c �ts l.) CC. Clary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Plammnr Conimissioner Richard Shickle, Chairman, Board ol'supervisors Charles S. Del -liven, Stonewall District Supervisor w The Frederick County Planning Connmissic June Wilmot, Chairnian Gary R Dates, Stonewall District Planning Stan Crockett, Stonewall District Planning 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: 1 won't be at the public hearing for the Carmeuse rezoning on the 15"', as it is my birthday. I want to urge my support. This quarry has been in our community a long time, and the current owner, Carnieuse, has been very acconunodating to the concerns of the neighbors. I am satisfied that their proffers will protect the community, and they will do a good job. Sincerely, �.%Gfe'�-t:.,+-tom" ��%. ✓ / !"�' Prances G. Martin e 0( To: Richard C. Shickle, Chairman and Supervisor -At-Large, Frederick County Board of Supervisors Charles S. DeHaven, Supervisor, Stonewall District, Frederick County Board of Supervisors June Wilmot, Chairman and Member At Large, Frederick County Planning Commission Gary R. Oates, Commissioner, Stonewall District, Frederick County Planning Commission Stan Crockett, Commissioner, Stonewall District, Frederick County Planning Commission Lady and Gentlemen: We are neighbors and friends of the Clear brook quarry. We are writing this letter to show our support for the Clear Brook quarry rezoning. This quarry has been a part of Clear Brook for a long time. The quarry has provided many people with jobs over the years. It has supported local businesses. It has lent its equipment and donated stone and ag lime to local churches and neighbors. The new owner, Carmeuse, has been a decent neighbor. They have made several improvements, and they have been willing to work with this community about noise and traffic issues. They have held meetings and provided information from trustworthy sources. We are satisfied that the proffers and other guarantees they have made will protect the Clear Brook community from any undue inconvenience, while providing jobs and income for our future as a community. Name ( Signature Address ­' e 3086 Martinsburg Pike Clear Brook, VA 22624-1 133 June 3, 2011 Junc Wilmot, Planning Commission Chairman Crary P. Oates, Stonewall District Planning Commissioner Stan Crockett.,Stonewall District Planning Commissioner Richard Shiekle, Chairman, Board of Supervisors Charles S. Del -laves, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Madam: 1 ant writing to ask your support for the Cai'111C11Se r'CZ011ilI . My house is right neXt to the. proposed rezoning. MY wife and I have been to their meetings, and hosted one in our home. The company has been trying to firld Out what we want, regarding its appearance and Noise reduction. They have told us what they intend to do, and 111SWered our questions in a timely manner. Their local nlanage.r. Brian Lennart, has been very up -front. When he didrl't know the answer to a question, he always called me back in a day with an answer. I am satisfied with the answers and guarantees they have given 111(1 111-ge yolll. S111)pOrt, Sincerely, Marion D. Paync, Jr. r 3096 Mar•linsburb Pike Clear Brook, VA 22624-1 133 June 3. 2011 .lane Wilmot, Planning Commission Chairman Gary R. Ciates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard Shickle, Chairman, Board of Supervisors Charles S. Del-laven, Stonewall District Supervisor 107 Norlh Kent Street Winchester, VA 22601 Dear Sirs and Madam: I can't be at the public hearing due to my work schedule, so 1 am writing to support the Carmeuse rezoning. My home, is located next to the proposed quarry bean on Route 11. so I have been IbllowilIg this issue closely with illy neighbors. The company has asked us what wee wanted to keep our ncioliborhood free of noise and other nuisances, rind to guarantee our property values. They have provided good answers, and they have been glad to meet with us whenever we had a question. silicerely,, Jiseph L. 13ulls 3144 Martinsburg Pike Clear Brook, VA 22624-1133 June 15, 2011 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: Since I couldn't be at the meeting to speak tonight, I am writing you to express my support for the Carmeuse rezoning request. I live in a home next to the proposed quarry pit. Over the years, the quarry has been a good neighbor. We have a club that flies ultralight aircraft. The quarry has cooperated with us and let us use their land for our runway without charge. They also took care of all the legal issues necessary for us to use their- land, which is far and beyond what we requested. As far- as their future plan, they have been very cooperative and up front with the neighbors. They have explained their intentions, held meetings, given us guarantees, and brought in a sound engineer to deal with the potential noise issues. I support this rezoning. cc: Sincerely, Randy Cornwell Richard Shickle, Chairman, Board of Supervisors Charles S. DeHaven, Stonewall District Supervisor 130 Tatanka Dane Stephenson, VA 22656-1852 .tune 6, 2011 June Wilmot, Plarming Connnission Chairman 107 North Kent Strect Winchester, VA 22601 Madam Chairman: I all, writing to ask you to support the Carnicuse rezoning request hn- the land along Route l 1. My wife and I live at the southern end of the proposed new pit, and we've lived next to the quarry For 28 years. A lot ofpeolm think living close to a quarry would be a nuisance, but it is not bad. We've always had good relations with the quarry mmnagement, and whenever we've had a eomplanit or eoneel71, they have answered it expediently and to our satislllction. They are a good neighbor. They've given us groI II( Stone for our horse pen and treated us well. Sincerely, (,�� Greg riot c ts Cx'. Gary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Con"llllisslonel- Richard Shickle, Chairman, Board of Supervisors Charles S. De.I-laven, Stonewall District Supervisor w The Frederick County Planning Connmissic June Wilmot, Chairnian Gary R Dates, Stonewall District Planning Stan Crockett, Stonewall District Planning 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: 1 won't be at the public hearing for the Carmeuse rezoning on the 15"', as it is my birthday. I want to urge my support. This quarry has been in our community a long time, and the current owner, Carnieuse, has been very acconunodating to the concerns of the neighbors. I am satisfied that their proffers will protect the community, and they will do a good job. Sincerely, �.%Gfe'�-t:.,+-tom" ��%. ✓ / !"�' Prances G. Martin e 0( To: Richard C. Shickle, Chairman and Supervisor -At-Large, Frederick County Board of Supervisors Charles S. DeHaven, Supervisor, Stonewall District, Frederick County Board of Supervisors June Wilmot, Chairman and Member At Large, Frederick County Planning Commission Gary R. Oates, Commissioner, Stonewall District, Frederick County Planning Commission Stan Crockett, Commissioner, Stonewall District, Frederick County Planning Commission Lady and Gentlemen: We are neighbors and friends of the Clear brook quarry. We are writing this letter to show our support for the Clear Brook quarry rezoning. This quarry has been a part of Clear Brook for a long time. The quarry has provided many people with jobs over the years. It has supported local businesses. It has lent its equipment and donated stone and ag lime to local churches and neighbors. The new owner, Carmeuse, has been a decent neighbor. They have made several improvements, and they have been willing to work with this community about noise and traffic issues. They have held meetings and provided information from trustworthy sources. We are satisfied that the proffers and other guarantees they have made will protect the Clear Brook community from any undue inconvenience, while providing jobs and income for our future as a community. Name ( Signature Address ­' 3086 Martinsburg Pike Clear Brook, VA 22624-1 133 June 3, 2011 .lone Wilmot, Planning Commission Chairman Gary R. Uatcs, Stonewall District Plaimuig CoII11nISSlOnel' Stan (.'rocked, Stonewall I)Is(rict Planning Cotl missloller Richard Shickle, Chairman, Board of Supervisors Charles S. Del -laves, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Madam: 1 and writing to ask your support tier (lie Carmeuse rezoning. My house is right next to the proposed rezoning. My wife and I have been to their meetings, and hosted one in our home. The company has been trying to filld Out what we want, regarding its ilppCal'anee and noise reduction. They have told its what they intend to (lo, 811d al)Swel'Cd OLIF gUCSdOl1S In a timely manner. Their local manager, Brian Lennart, has been very up -front. When he didn't ]glow the i111S�Vel- to a question, lie always called me back nl a day with an answer. 1 am satisfied with the answers and guarantees they have given and urge your support. Sincerely, Marion I.). Paync, ll., 3090 Martinsburg Pike Clear Brook, VA 22624-1 133 ,tune 3, 2011 June Wilmnt, Planning Commission Chairman Gary R. Oates, Stonewall District Plan-ning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard SAW, Chairman, Board of Supervisors Charles S. Del-laven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Madam: I can't be at the public hearing due to my work schedule, so I am writing to support the CarInmwe rezoning. My home is located next to the proposed quarry berm on Route 1 1, so I have been following this issue closely with my neighbors. 'The company has asked us what we wanted to keep our neighborhood tree of noise and other nuisances, and to guarantee our property values. They have provided good answers, and they have been glad to meet with us whenever we had a question. 5incercly;, Ji seph L. Bulls 3144 Martinsburg Pike Clear Brook, VA 22624-1133 June 15, 2011 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: Since I couldn't be at the meeting to speak tonight, I am writing you to express my support for the Carmeuse rezoning request. I live in a home next to the proposed quarry pit. Over the years, the quarry has been a good neighbor. We have a club that flies ultralight aircraft. The quarry has cooperated with us and let us use their land for our runway without charge. They also took care of all the legal issues necessary for us to use their- land, which is far and beyond what we requested. As far as their future plan, they have been very cooperative and up front with the neighbors. They have explained their intentions, held meetings, given us guarantees, and brought in a sound engineer- to deal with the potential noise issues. I support this rezoning. Sincerely, Randy Cornwell cc: Richard Shickle, Chairman, Board of Supervisors Charles S. DeHaven, Stonewall District Supervisor J* 130 Tatanh Lane Stephenson, VA 22656-1852 Julle 6, 2011 ,lungs Wilmot. Plaluling Commission Chairman 107 North Kent Street Winchester, VA 22601 Madam Chairman: 1 and writing to ask you to support the CarinellSe rezoning request for the land along Route I I. My wire and I live at the southern end of the Proposed new pit, and we've lived next to the quarry Im 28 years. A lot ol'PeoPle think living close to a quarry would be a nuisance, but it is not bad. We've always had good relations with the quarry nrtnagentenl, and whenever we.'vc had a complaint or concern, they have answered it expediently and to our satisfaction. They are a good neighbor. They've givell is grounil stone. for our home Pen and treated us well. Sincerely, Greg Role s t CC. Ciary R. Gates, Stonewall District Planning Conllllissloner Stan Crockett, Stonewall District Planning Con 11111sslollel. Richard Shickle, Chairman, Board Of'SuPcrvisors Charles S. DeI-laven, Stonewall District Supervisor w The Frederick County Planning Connmissic June Wilmot, Chairnian Gary R Dates, Stonewall District Planning Stan Crockett, Stonewall District Planning 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: 1 won't be at the public hearing for the Carmeuse rezoning on the 15"', as it is my birthday. I want to urge my support. This quarry has been in our community a long time, and the current owner, Carnieuse, has been very acconunodating to the concerns of the neighbors. I am satisfied that their proffers will protect the community, and they will do a good job. Sincerely, �.%Gfe'�-t:.,+-tom" ��%. ✓ / !"�' Prances G. Martin e 0( To: Richard C. Shickle, Chairman and Supervisor -At-Large, Frederick County Board of Supervisors Charles S. DeHaven, Supervisor, Stonewall District, Frederick County Board of Supervisors June Wilmot, Chairman and Member At Large, Frederick County Planning Commission Gary R. Oates, Commissioner, Stonewall District, Frederick County Planning Commission Stan Crockett, Commissioner, Stonewall District, Frederick County Planning Commission Lady and Gentlemen: We are neighbors and friends of the Clear brook quarry. We are writing this letter to show our support for the Clear Brook quarry rezoning. This quarry has been a part of Clear Brook for a long time. The quarry has provided many people with jobs over the years. It has supported local businesses. It has lent its equipment and donated stone and ag lime to local churches and neighbors. The new owner, Carmeuse, has been a decent neighbor. They have made several improvements, and they have been willing to work with this community about noise and traffic issues. They have held meetings and provided information from trustworthy sources. We are satisfied that the proffers and other guarantees they have made will protect the Clear Brook community from any undue inconvenience, while providing jobs and income for our future as a community. Name ( Signature Address ­' 3086 Martinsburg Pile Clear Brook, VA 2262L1-1 133 June 3, 2011 June Wilmot, Planning Commission Chairman Gary R. Dates, Stonewall District Planning Comn1lssionel" Mall Crockett, Stonewall District Planning Commissioner Richard Shickle, Chairman, Board of Supervisors Charles S. DeHaven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Ma(lam: I am writing to ask y(mr support for the Carmcuse rezoning. My house is right nest to the. Proposed rezoning. MY wife and I have been to their meetings, and hosted one in our home. The eompany has been trying to Edna out what we want, regarding its appearance and noise reduction. They have told us what they intend t0 do, and answered Our ques6mm in a LImCIy rnarumn I heir Kai manager, 13Hnn Lenharl, has been very up -front. When he didn't know tine answer to a question, he always called me back in a day with an answer. 1 and satisfied with the answers and guarantees they have given and tinge your support. Sincerely, Marion I.). Payne, •Jr. 3096 Martinsburg Pike Clear Brook, VA 22624-1 133 ,IUnC 3, 2011 Junc. Wilmot, Planning Commission Chall'(11a[1 Gary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard Shickle, Chairman, Hoard of Supervisors Charles S. Dcl-lavcn, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Madam: I can't be at the public hearing due to my work schedlile, so I am writing to support the Carmcuse rezoning. My home is located next to the proposal quarry berm on Route 11. so I have bCCrl f()llowing this issue closely with 111y neighbors. The company has asked us what we wanted to keel. our neighborhood free of noise and other nuisances, and to guarantee our property values. They have provided good answers, and they have been glad to meet with us whenever Nve had a question. Sincerely,; .filseph I,. Bunts 3144 Martinsburg Pike Clear Brook, VA 22624-1133 June 15, 2011 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: Since I couldn't be at the meeting to speak tonight, I am writing you to express my support for the Carmeuse rezoning request. I live in a home next to the proposed quarry pit. Over the years, the quarry has been a good neighbor. We have a club that flies ultralight aircraft. The quarry has cooperated with us and let us use their land for our runway without charge. They also took care of all the legal issues necessary for us to use their land, which is far and beyond what we requested. As far as their future plan, they have been very cooperative and up front with the neighbors. They have explained their intentions, held meetings, given us guarantees, and brought in a sound engineer- to deal with the potential noise issues. I support this rezoning. Sincerely, Randy Cornwell cc: Richard Shickle, Chairman, Board of Supervisors Charles S. DeHaven, Stonewall District Supervisor 130 Tatanka Lanc Stephenson, VA 22656-1852 June 6, 2011 June Wilmot, Plarming Commission Chairman 107 North Kent Street Winchester; VA 22601 Madam Chairman: I and writing to ask you to stlPport the ('MIllCUSe rezoning request for file land along Route 11. My wire and I live at the southern end of the Proposed new Pit, and we've lived next to the quarry Im 28 years. A lot ol*peoplc think living close to a quarry would be a nuisance, but it is not bad. We've always had good relations with the quarry mmllagctnent, and whenever we've had a complaint or concern, they llavc answered it expedicutly and to our satisfiaction. They are a good neighbor. They've given is grollllll stone for our horse pen and treated us well. Sincerely, Greg Rol c is C: Clary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard Shickle, Chairman, Board ol'Supervisors Charles S. Del-laven, Stonewall District Supervisor w The Frederick County Planning Connmissic June Wilmot, Chairnian Gary R Dates, Stonewall District Planning Stan Crockett, Stonewall District Planning 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: 1 won't be at the public hearing for the Carmeuse rezoning on the 15"', as it is my birthday. I want to urge my support. This quarry has been in our community a long time, and the current owner, Carnieuse, has been very acconunodating to the concerns of the neighbors. I am satisfied that their proffers will protect the community, and they will do a good job. Sincerely, �.%Gfe'�-t:.,+-tom" ��%. ✓ / !"�' Prances G. Martin e 0( To: Richard C. Shickle, Chairman and Supervisor -At-Large, Frederick County Board of Supervisors Charles S. DeHaven, Supervisor, Stonewall District, Frederick County Board of Supervisors June Wilmot, Chairman and Member At Large, Frederick County Planning Commission Gary R. Oates, Commissioner, Stonewall District, Frederick County Planning Commission Stan Crockett, Commissioner, Stonewall District, Frederick County Planning Commission Lady and Gentlemen: We are neighbors and friends of the Clear brook quarry. We are writing this letter to show our support for the Clear Brook quarry rezoning. This quarry has been a part of Clear Brook for a long time. The quarry has provided many people with jobs over the years. It has supported local businesses. It has lent its equipment and donated stone and ag lime to local churches and neighbors. The new owner, Carmeuse, has been a decent neighbor. They have made several improvements, and they have been willing to work with this community about noise and traffic issues. They have held meetings and provided information from trustworthy sources. We are satisfied that the proffers and other guarantees they have made will protect the Clear Brook community from any undue inconvenience, while providing jobs and income for our future as a community. Name ( Signature Address ­' 3086 Martinsburg Pike Clear Brook, VA 22624-1 133 June 3, 2011 .]line Wilmot, Planning commission Chairman Clary R. Dates, Stonewall District Planning; Commissioner Stan Crockett, Stonewall I)islrict Planning Commissioner Richard Shickle, Chairman, Board of Supervisors Charles S. Del-taven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Madam: 1 rim writing to ask your support tear the Carmcnse rezoning. My house is right nest to lhe proposed rezoning. My wife and .I have been to IN meetings, and Hosted one in our home. The company has been trying to find out what we want, regarding its appearance and noise reduction. They have told us what they intend to do, and answered our questions in a timely manner. 1-heir local mnnager. Brian LOW, has been very up -front. When he didn't kDOW the answer to a question, he always called me back in a clay with an answer. I am satisfied with the answers and gunrantces they have given and urge your support. Sincerely, Marion D. Payne, Jr. 3096 Martinsburg Pike Clear Brook, VA 22624-1133 June 3, 2011 June Wilmot, Planning Commission Chairman Gary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard S.hickle, Chairman, Board of Supervisors Chau•les S. DeFlaven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Madam: I can't be at the public hearing due to my work schedule, so I am writing to support the Carmeuse rezoning. My home is located next to the proposed quarry berm on Route 11, so I. have been following this issue closely with my neighbors. The company has asked us what we wanted to keep our neighborhood free of noise and other nuisances, and to guarantee our property values. They have provided good answers, and they have been glad to meet with us whenever we had a question. Sincerely,., �' V J G- � . oseph L. Butts 3144 Martinsburg Pike Clear Brook, VA 22624-1133 June 15, 2011 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: Since I couldn't be at the meeting to speak tonight, I am writing you to express my support for the Carmeuse rezoning request. I live in a home next to the proposed quarry pit. Over the years, the quarry has been a good neighbor. We have a club that flies ultralight aircraft. The quarry has cooperated with us and let us use their land for our runway without charge. They also took care of all the legal issues necessary for us to use their land, which is far and beyond what we requested. As far as their future plan, they have been very cooperative and up front with the neighbors. They have explained their intentions, held meetings, given us guarantees, and brought in a sound engineer to deal with the potential noise issues. I support this rezoning. Sincerely, Randy Cornwell cc: Richard Shickle, Chairman, Board of Supervisors Charles S. DeHaven, Stonewall District Supervisor i 130 Tatanka Tune Stephenson, VA 22656-1852 June 6, 2011 Junr; Wilmot, Planning Commission Chairman 107 North Kent Street Winchester, VA 22601 Madam Chairman: I and writing to ask you to support [he C:11-111CLlse rezoning request for the land along Route l 1. My wife and I live at the southern end of the Proposed new pit, and we've lived next to the quarry Im 28 years. A lot ol'people think living close to a quarry would be a nuisance, but it is not bad. We've always had good relations with the quarry management, and whenever Nve'vC had it complaint or concern, they have answered it expediently and to our satisfiaction. They are a good neighbor. They've given us ground stone. for our horse Pen and treated us well. Sincerely, Greg Rol ,C.: Clary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard Shickle, Chairman, Board of Supervisors Charles S. Del -laver, Stonewall District Supervisor w The Frederick County Planning Connmissic June Wilmot, Chairnian Gary R Dates, Stonewall District Planning Stan Crockett, Stonewall District Planning 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: 1 won't be at the public hearing for the Carmeuse rezoning on the 15"', as it is my birthday. I want to urge my support. This quarry has been in our community a long time, and the current owner, Carnieuse, has been very acconunodating to the concerns of the neighbors. I am satisfied that their proffers will protect the community, and they will do a good job. Sincerely, �.%Gfe'�-t:.,+-tom" ��%. ✓ / !"�' Prances G. Martin e 0( To: Richard C. Shickle, Chairman and Supervisor -At-Large, Frederick County Board of Supervisors Charles S. DeHaven, Supervisor, Stonewall District, Frederick County Board of Supervisors June Wilmot, Chairman and Member At Large, Frederick County Planning Commission Gary R. Oates, Commissioner, Stonewall District, Frederick County Planning Commission Stan Crockett, Commissioner, Stonewall District, Frederick County Planning Commission Lady and Gentlemen: We are neighbors and friends of the Clear brook quarry. We are writing this letter to show our support for the Clear Brook quarry rezoning. This quarry has been a part of Clear Brook for a long time. The quarry has provided many people with jobs over the years. It has supported local businesses. It has lent its equipment and donated stone and ag lime to local churches and neighbors. The new owner, Carmeuse, has been a decent neighbor. They have made several improvements, and they have been willing to work with this community about noise and traffic issues. They have held meetings and provided information from trustworthy sources. We are satisfied that the proffers and other guarantees they have made will protect the Clear Brook community from any undue inconvenience, while providing jobs and income for our future as a community. Name ( Signature Address ­' 3056 Martinsburg Pike Clear Brook, VA 22624-1 133 June 3, 2011 .tune Wilmot, Planning Commission Chairman Clary R. Dates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District planning, Conunissioner Richard Shickle, (hail -man, Board of Supervisors Charles S. DeHaven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear SO and Madam: I ant writing to ask your support Mr the Carmcuse rezoning. My house is right neXt to (he proposed rezoning. My wife and I have been to their meetings, and hosted one in our home. The company has been trying to find out what we want, regarding its appearance and noise reduction, They have told us what they intend to do, and answered Our questions in a timely manner. Their local manager, Brian Lenhart, has been very up -front. When he didn't 1Q10W the answer to a question, he Always called ale back in a day with an answer. I and satisfied with the answers and guarantees they have givcn and urge your support. Sincerely, Marion 1.). Paync, Jr. 3096 Martinsburg Pike Clear Brook, VA 22624-1133 June 3, 2011 June Wilmot, Planning Commission Chairman Gary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard S.hickle, Chairman, Board of Supervisors Chau•les S. DeFlaven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Madam: I can't be at the public hearing due to my work schedule, so I am writing to support the Carmeuse rezoning. My home is located next to the proposed quarry berm on Route 11, so I. have been following this issue closely with my neighbors. The company has asked us what we wanted to keep our neighborhood free of noise and other nuisances, and to guarantee our property values. They have provided good answers, and they have been glad to meet with us whenever we had a question. Sincerely,., �' V J G- � . oseph L. Butts 3144 Martinsburg Pike Clear Brook, VA 22624-1133 June 15, 2011 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: Since I couldn't be at the meeting to speak tonight, I am writing you to express my support for the Carmeuse rezoning request. I live in a home next to the proposed quarry pit. Over the years, the quarry has been a good neighbor. We have a club that flies ultralight aircraft. The quarry has cooperated with us and let us use their- land for our runway without charge. They also took care of all the legal issues necessary for us to use their- land, which is far and beyond what we requested. As far as their future plan, they have been very cooperative and up front with the neighbors. They have explained their intentions, held meetings, given us guarantees, and brought in a sound engineer to deal with the potential noise issues. I support this rezoning. Sincerely, Randy Cornwell cc: Richard Shick] Charles S. DeF 130 T'ata% lane Stephenson, VA 22656-1852 June 6, 2011 .funs; Wilmot, Planning Commission Chairman 107 North Kent Street Winchester, VA 22601 Madam Chairman: I am writing to ask you to support the Cal•111CUSe rezoning request ibr the land along Route 1 1. My wire and I live at the southern end of the proposed new pit, and we've lived next to the quarry tin' 28 years. A lot ol•people think living close to a quarry would be a nuisance, but R is not bad. We've always had good relations with the quarry mmnagmuent, and whenever "ale had a complaint or concern, they have answered it expediently and to our satislaetion. They are a baud neighbor. 'f'hey've given us ground stone fol• our horse Pell and treated us well. Sincerely, �.,� Circeb Rot c ts CC: Clary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District planning CO111111isslOner Richard Shickle, Chairman, Board or Supervisors Charles S. Del -liven, Stonewall District Supervisor w The Frederick County Planning Connmissic June Wilmot, Chairnian Gary R Dates, Stonewall District Planning Stan Crockett, Stonewall District Planning 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: 1 won't be at the public hearing for the Carmeuse rezoning on the 15"', as it is my birthday. I want to urge my support. This quarry has been in our community a long time, and the current owner, Carnieuse, has been very acconunodating to the concerns of the neighbors. I am satisfied that their proffers will protect the community, and they will do a good job. Sincerely, �.%Gfe'�-t:.,+-tom" ��%. ✓ / !"�' Prances G. Martin e 0( To: Richard C. Shickle, Chairman and Supervisor -At-Large, Frederick County Board of Supervisors Charles S. DeHaven, Supervisor, Stonewall District, Frederick County Board of Supervisors June Wilmot, Chairman and Member At Large, Frederick County Planning Commission Gary R. Oates, Commissioner, Stonewall District, Frederick County Planning Commission Stan Crockett, Commissioner, Stonewall District, Frederick County Planning Commission Lady and Gentlemen: We are neighbors and friends of the Clear brook quarry. We are writing this letter to show our support for the Clear Brook quarry rezoning. This quarry has been a part of Clear Brook for a long time. The quarry has provided many people with jobs over the years. It has supported local businesses. It has lent its equipment and donated stone and ag lime to local churches and neighbors. The new owner, Carmeuse, has been a decent neighbor. They have made several improvements, and they have been willing to work with this community about noise and traffic issues. They have held meetings and provided information from trustworthy sources. We are satisfied that the proffers and other guarantees they have made will protect the Clear Brook community from any undue inconvenience, while providing jobs and income for our future as a community. Name ( Signature Address ­' 3086 Martinsburg Pike Clear Brook, VA 226251 133 June, 3, 2011 June Wilmot, Planning Commission Chairman (Tart' R. Oates, Stonewall District Planning C;onunis, loner Stan Crockett, Stonewall District Planning Commissioner IZicllarcl SI)iclde, Chairman, Board of Supervisors Charles S. De(-Iaven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and (\�ladaul: 1 and writing to rile your support Ibr the (Armcuse rezoning. My house is right next to the proposed rezoning. My wife and 1 have been to their meetings, and hosted one I our home. The company has been tr) ng to find out NOW we want, regarding its appearance and noise reduction, They have told us what they intend to do, and answel'ed our quesllons in a timely manner 1.1mir local matlager, Brian Lennart, has been very up -front. When he didn't l:now the answer 10a queSttoti, he alw qs called me back in a day with an answer. 1 am satisfied with the answers and guarantces they have given and urge your support. Sincerely, Marian It Payne, Jr. 3096 Martinsburg Pike Clear Brook, VA 22624-1133 June 3, 2011 June Wilmot, Planning Commission Chairman Gary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard S.hickle, Chairman, Board of Supervisors Chau•les S. DeFlaven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Madam: I can't be at the public hearing due to my work schedule, so I am writing to support the Carmeuse rezoning. My home is located next to the proposed quarry berm on Route 11, so I. have been following this issue closely with my neighbors. The company has asked us what we wanted to keep our neighborhood free of noise and other nuisances, and to guarantee our property values. They have provided good answers, and they have been glad to meet with us whenever we had a question. Sincerely,., �' V J G- � . oseph L. Butts 3144 Martinsburg Pike Clear Brook, VA 22624-1133 June 15, 2011 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: Since I couldn't be at the meeting to speak tonight, I am writing you to express my support for the Carmeuse rezoning request. I live in a home next to the proposed quarry pit. Over the years, the quarry has been a good neighbor. We have a club that flies ultralight aircraft. The quarry has cooperated with us and let us use their land for our runway without charge. They also took care of all the legal issues necessary for us to use their land, which is far and beyond what we requested. As far as their future plan, they have been very cooperative and up front with the neighbors. They have explained their intentions, held meetings, given us guarantees, and brought in a sound engineer to deal with the potential noise issues. I support this rezoning. Sincerely, Randy Cornwell cc: Richard Shickle, Chairman, Board of Supervisors Charles S. DeHaven, Stonewall District Supervisor 130 Tatanka Lane Stephenson, VA 22656-1852 ,tune 6, 2011 June Wilmot, Planning Commission Chairman 107 North Kent Street Winchester, VA 22601 Madam Chairman: I and writing to ask YOU to Support the CarI11CLISe rezoning request tier the land along Route 1 1. MY wife alld I live at the Southern end of the proposed new pit, and we've lived next to the quarry tin• 28 years. A lot ofpeople think living close to a clual•ry would be a nuisance, but it is not bad. We've always had goad relations with the quarry 111alla Cnlent. alict whenever Nve'vc had a complaint or Conce171, they have answered It expediently and to our satislllction. They are a good neighbor. "they've r iVCIl US gl-OIIILCI Slone for our horse Pen and treated us well, Sincerely, GregRol c is .C.: Gary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District I'laluling Commissioner Richard Shickle, Chairman, Board of Supervisors Charles S. Del-laven, Stonewall District Supervisor w The Frederick County Planning Connmissic June Wilmot, Chairnian Gary R Dates, Stonewall District Planning Stan Crockett, Stonewall District Planning 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: 1 won't be at the public hearing for the Carmeuse rezoning on the 15"', as it is my birthday. I want to urge my support. This quarry has been in our community a long time, and the current owner, Carnieuse, has been very acconunodating to the concerns of the neighbors. I am satisfied that their proffers will protect the community, and they will do a good job. Sincerely, �.%Gfe'�-t:.,+-tom" ��%. ✓ / !"�' Prances G. Martin e 0( To: Richard C. Shickle, Chairman and Supervisor -At-Large, Frederick County Board of Supervisors Charles S. DeHaven, Supervisor, Stonewall District, Frederick County Board of Supervisors June Wilmot, Chairman and Member At Large, Frederick County Planning Commission Gary R. Oates, Commissioner, Stonewall District, Frederick County Planning Commission Stan Crockett, Commissioner, Stonewall District, Frederick County Planning Commission Lady and Gentlemen: We are neighbors and friends of the Clear brook quarry. We are writing this letter to show our support for the Clear Brook quarry rezoning. This quarry has been a part of Clear Brook for a long time. The quarry has provided many people with jobs over the years. It has supported local businesses. It has lent its equipment and donated stone and ag lime to local churches and neighbors. The new owner, Carmeuse, has been a decent neighbor. They have made several improvements, and they have been willing to work with this community about noise and traffic issues. They have held meetings and provided information from trustworthy sources. We are satisfied that the proffers and other guarantees they have made will protect the Clear Brook community from any undue inconvenience, while providing jobs and income for our future as a community. Name ( Signature Address ­' 3086 hduHnsbmg Pike Clear Brook, VA 22624-1 133 June 3, 2011 .]line Wilmot, Planning Commission Chairman Clary R. Oates, Stonewall District Planning Conlll'l)ssionel' Stan Crockett, Stonewall I)lsh'lct Planning Conlllllssloller Richard Shiclae, C;halrill llll, Board of Supervisors Charles S. DcHaven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Deal" Sirs and Madan]: 1 and writing to ask your support Ar the Canumne rezoning. My pause is right next to the. proposed rezoning. My wife; and I have been to their meetings, and hosted one in our home. The company has been trying to fillet out what we want, regarding its appearance and noise reduction. They have tol(I us what they intend to do, and answered Our questions in a timcly manner. Their local manager, Brian Lenhart, has been very up -front. When he (lidu't kilow the answer to a question, he always called me back in a day with an answer. I am satisfied with the answers and guarantees they have given and Urge your support. Sincerely, Marion 1.). Payne, .lr. 3096 Martinsburg Pike Clear Brook, VA 22624-1133 June 3, 2011 June Wilmot, Planning Commission Chairman Gary R. Oates, Stonewall District Planning Commissioner Stan Crockett, Stonewall District Planning Commissioner Richard S.hickle, Chairman, Board of Supervisors Chau•les S. DeFlaven, Stonewall District Supervisor 107 North Kent Street Winchester, VA 22601 Dear Sirs and Madam: I can't be at the public hearing due to my work schedule, so I am writing to support the Carmeuse rezoning. My home is located next to the proposed quarry berm on Route 11, so I. have been following this issue closely with my neighbors. The company has asked us what we wanted to keep our neighborhood free of noise and other nuisances, and to guarantee our property values. They have provided good answers, and they have been glad to meet with us whenever we had a question. Sincerely,., �' V J G- � . oseph L. Butts 3144 Martinsburg Pike Clear Brook, VA 22624-1133 June 15, 2011 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Ladies and Gentlemen: Since I couldn't be at the meeting to speak tonight, I am writing you to express my support for the Carmeuse rezoning request. I live in a home next to the proposed quarry pit. Over the years, the quarry has been a good neighbor. We have a club that flies ultralight aircraft. The quarry has cooperated with us and let us use their land for our runway without charge. They also took care of all the legal issues necessary for us to use their land, which is far and beyond what we requested. As far as their future plan, they have been very cooperative and up front with the neighbors. They have explained their intentions, held meetings, given us guarantees, and brought in a sound engineer to deal with the potential noise issues. I support this rezoning. Sincerely, Randy Cornwell cc: Richard Shickle, Chairman, Board of Supervisors Charles S. DeHaven, Stonewall District Supervisor Mr. Kevin O. Crosen 361 Perry Road Winchester, VA 22602 acsim-osclln,nmos. nct Dear Gentlemen: Winchester Virginia Operation June 13, 2011 Mr. Greg L. Unger 668 Germany Road Stephens City, VA 22655 g I-cglun )C C'yLllIOO.00111 As employees of Carmeuse and residents Of the Back Creek District, we understand the importance of having adequate reserves to the continued viability of the three quarries that make up the Virginia operation. Our jobs and families depend on it. Furthermore, several local businesses depend on the quarry for part of their income. We are asking you to approve the Carmeuse rezoning at the Clear Brook quarry for the high Calcium limestone it contains. In return, we pledge, as employees of Carmeuse, to do our best to be good and courteous neighbors Sincerely yours, Larryti orn 935 Brill Road Star Tannery, VA 22654 4okald Kerns 718 Whissens Ridge Road Winchester, VA 22602 Wayn Miller 1600 Minebank Road Middletown, VA 22645 Andrew Wright 696 Vaucluse Road Stephens City, VA 22655 Michael Casterday 136 Geronimo Trail Winchester, VA 22602 r William Richmond 202-5 Ogden Lane Middletown, VA 22645 Carmeuse Lime & Stone - 508 Quarry Lane • PO Box 219 • Clear Brook, VA 22624 • Tel: (540) 882-3855 • Fax: (540) 882-4303 1 www.carmeusena.com Winchester Virginia Operation June 13, 2011 Mr. Christopher Mohn 316 Ridge Road Winchester, VA 22602 cmohO I (c-i),yahoo.com Dear Gentlemen: Mr. Philip A. Lemieux 106 Dell Court Winchester, VA 22602 plcmicuxnvisual link.com As employees of Carmeuse and residents of the Red Bud District, we understand the importance of having adequate reserves to the continued viability of the three quarries that make up the Virginia operation. Our jobs and families depend on it. Furthermore, several local businesses depend on the quarry for part of their income. We are asking you to approve the Carmeuse rezoning at the Clear Brook quarry for the high calcium limestone it contains. In return, we pledge, as employees of' Carmeuse, to do our best to be good and courteous neighbors Sincerely yours, David Cross 241 Broad Avenue Winchester, VA 22602 enry Hie 101Slp iur uSprings Rd. Winchester, VA 22602 •r ' � Greg y ross 241 Broa Avenue Winchester, VA 22602 Barbara Racey 102 Greenwood Avenue Winchester, VA 22602 Carmeuse Lime & Stone 1 508 Quarry Lane • PO Box 219 • Clear Brook, VA 22624 • Tel: (540) 662-3855 • Fax: (540) 662-4303 • www.carmeusena.com Winchester Virginia Operation June 13, 2011 Ms. June Wilmot, Chairman Mr. Roger L. Thomas, Vice Chairman Mr. Kevin 0. Crosen Mr. Greg L. Unger Mr. George J. Kriz Mr. Charles E. Triplett Mr. Brian Madagan Mr. Christopher Mohn Mr. Philip A. Lemieux Mr. Lawrence R. Ambrogi Mr. I-1. Paige Manuel Mr. Gary R. Oates Mr. Stan Crockett Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Dear Ms. Wilmot and Gentlemen: As employees of Carmeuse, we understand the importance of having adequate reserves to the continued viability of the three quarries that make up the Virginia operation. Our jobs and families depend on it. Furthermore, several local businesses depend on the quarry for part of their income. We are asking you to approve the Carmeuse rezoning at the Clear Brook quarry for the high calcium limestone it contains. In return, we pledge, as employees of Carmeuse, to do our best to be good and courteous neighbors Sincerely yours, ,&,U'd Darrell Copeland P.O. Box 124 Star Tannery, VA 22654 Harman Darr 625 Belle View Lane Middletown, VA 22645 Carmeuse Lime & Slone • 508 Quarry Lane • PO Box 219 • Clear Brook, VA 22624 * Tel: (540) 662-3855 • Fax: (540) 662-4303 • www.carmeusena.com Robert Hudson P.O. Box 323 Clear Brook, VA 22624 Herbert Thomas P.O. Box 273 Middletown, VA 22645 Regis do Gonzalez 2261 aft Circle Winchester, VA 22601 1j J1 nes Kump 1620 S. Braddock Street Winchester, VA 22601 u Anthony Mo very 4812 Valley Pike Stephens City, VA 22655 Stephen Spiker 2310 5°i Street Middletown, VA 22645 15350 /es Tobin Crooked Lane Stephens City, VA 22655 William Hyman 132 Lambden Avenue Winchester, VA 22601 vi'4Kx rian Len 2025 Taylor Grace Court Winchester, VA 22601 Winchester Virginia Operation June 13, 2011 Roger L. Thomas, Vice Chairman 127 Halifax Avenue Stephens City, VA 22655 roi Cr.palllthonlaspconlcast.nct Dear Gentlemen: Mr. Brian Madagan 147 Blackburns Ford Drive Stephens City, VA 22655 bmada r€ 1�/,�rmail.com As employees of Carmeuse and residents of the Opequon District, we understand the importance of having adequate reserves to the continued viability of the three quarries that make up the Virginia operation. Our jobs and families depend on it. Furthermore, several local businesses depend on the quarry for part of their income. We are asking }rou to approve the Carmeuse rezoning at the Clear Brook quarry for the high calcium limestone it contains. In return, we pledge, as employees of Carmeuse, to do our best to be good and courteous neighbors Sincerely yours, Jp. es Bottom 102 Sitlingtons Hill Ct. Stephens City, VA 22655 L Jeffrey Dorsey 107 Sussex Circle Stephens City, VA 22655 Robert Maki 353 Montgomery Circle Stephens City, VA 22655 �CJI)6-/ r CMG U �� Francisco Ch vez 230 Nottoway Drive Stephens City, VA 22655 / Clarence I -Ian ion 21 1-508 Forest Lake Dr. Stephens City, VA 22655 difistopheteTarbell 104 Linwood Court Stephens City, VA 22655 Carmeuse Lime & Slone • 508 Quarry Lane • PO Box 219 1 Clear Brook, VA 22624 • Tel: (540) 662.3855 • Fax: (540) 662-4303 • www.carmeusena.com Winchester Virginia Operation .Lune 13, 2011 Mr. George J. Kriz 547 Apple Pie Ridge Road Winchester, VA 22603 <-,krir(Cwisuallink.com Dear Gentlemen: Mr. Charles C. Triplett 104 Opequon Woods Circle Stephenson, VA 22656 Iwlal'ill C/,slic11tchict As employees of Carmeuse and residents of the Gainesboro District, we understand the importance of having adequate reserves to the continued viability of the three quarries that make up the Virginia operation. Our jobs and families depend on it. Furthermore, several local businesses depend on the quarry for part of their income. We are asking you to approve the Carmeuse rezoning at the Clcar Brook quarry for the high calcium limestone It contains. In return, we pledge, as employees of Carmeuse, to do our best to be good and courteous neighbors Sincerely yOLII'S, Thomas Fleming 2024 Cedar Grove Road Winchester, VA 22603 L' ura Shifflet 282 Glaize OrcheRd. Winchester, VA 22603 Patrick I-Iepner 105 Silverrod Lane Winchester, VA 22603 Carmeuse Lime & Stone • 508 Quarry Lane • PO Box 219 1 Clear Brook, VA 22624 • Tel: (540) 662.3855 • Fax: (540) 662-4303 • www.carmeusena.com r To: Richard C. Shickle, Chairman and Supervisor -At-Large, Frederick County Board of Supervisors Charles S. De Haven, Supervisor, Stonewall District, Frederick County Board of Supervisors June Wilmot, Chairman and Member At Large, Frederick County Planning Commission Gary R. Oates, Commissioner, Stonewall District, Frederick County Planning Commission Stan Crockett, Commissioner, Stonewall District, Frederick County Planning Commission Lady and Gentlemen: We are neighbors and friends of the Clear brook quarry. We are writing this letter to show our support for the Clear Brook quarry rezoning. This quarry has been a part of Clear Brook for a long time. The quarry has provided many people with jobs over the years. It has supported local businesses. It has lent its equipment and donated stone and ag lime to local churches and neighbors. The new owner, Carmeuse, has been a decent neighbor. They have made several improvements, and they have been willing to work with this community about noise and traffic issues. They have held meetings and provided information from trustworthy sources. We are satisfied that the proffers and other guarantees they have made will protect the Clear Brook community from any undue inconvenience, while providing jobs and income for our future as a community. Name Signature Address l% k t k/' C- S 0 A- k% C1�✓lkiit(�l �L�` �'�Z � ed Name ,kL� Address ntO°-'ci LOU v.he1� �Y:� �►'-� d eT� � cd u�� fEl U4 • Signed Name Address Signed Name Address - a - Signed Name Address 0 • d U To the Frederick County Planning Commission and Board of Supervisors: As employees of Carmeuse, we understand the importance of having adequate reserves to the continued viability of the three quarries that make up the Virginia operation. Our jobs and families depend on it. Furthermore, several local businesses depend on the quarry for part of their income. We are asking you approve the Carmeuse rezoning at the Clear Brook quarry for the high calcium limestone it contains. In return, we pledge as employees of Carmeuse, to do our best to be good and courteous neighbors. Signed r An /1 Sc� f Lee r { 5co l �Ar-elaf i A v//'c/ /te A//,I 3 Address 1�4 ja.-� :UN ( Sawa n guf-L -Q-O du i 5 3iY Ae�o� �d /�Uq: % w✓ 7Z/ 13c.53Ae r L atie- M c, f t1Nsl 23111 P00/ ' l C q�E RI' ! " r"Il+ I r llike 1%10 3.y %% � '537 F QJcw� S� r46Q u+�t�ii . 3) a fib 0 . Lid VA X( to WJ 3S5 k3 s1sLs,�l� f� yC-Iy�5�,��� WJ asYai I L Yi3 r-) �`1 �' ICc r 3►Z ICQ RLx1by6-T t�v Q"f I VCk aD(3o Name Hrfhd,J�' G��h�tyc�ru( Address lk (\ \ V/\ �f to /� P.O. .Soirl 4An�oyq 1%2�St( ��vrt i lid///) in oJ T li►.S %��o !� �C' �71V1�/?1/fir/ ��9/i'�✓ ('VA AM (oNoje,< ;),)WI • 0 • Signed Name Address • • Signed Name Address • • 0 Signed Name Address 0 0 ��' t`) I`C' 11 �/ it", c, I ' B l`I ` �\ � �i rTZ T i \� , 41 � I� Ij� \� I ! i SA11,1I tl t� �1 � 1 1 A U��a 110�`�I1 ll ,( JON 2 Poll ,..o R n \S'inchcMer, VA 2260I,',377 ROBVIO, 11. \10\1 FRY, ('.I'.A., ('h«irrrunr l )Ne IC. Weindel, V.F. .I01 I NS " l l:1 ENS, I ice-Chair•nrnn EII i«c er-Direc!«r RICHARD A. Rl ('KMAN. I'.I:.,.Sec-Ircusm'cr J. S I:VNLF. CROCKI: I - I 1'h. — (540) 868-1061 W.: L I I:R ('. ('t 1\'ING11, VII I ;i\ — (5-10) 868-1.129 June 1, 2011 Mr. Mike Ruddy Frederick County Department of Planning & Development 107 N. Kent Street Winchester, Virginia 22601 Ref.: Rezoning Application for Carmeuse, Clearbrook Location Dear Mr. Ruddy The Frederick County Sanitation Authority, in accordance with existing agreements between the Applicant and the Authority, has constructed and presently operates the Anderson Water Treatment Plant, two wells and other improvements on the Applicant's properties. The aforementioned improvements are necessary for the residents of Frederick County who depend on the Authority for water services. The Plant, wells and related improvements are not referred to in the Applicant's Rezoning Application Materials. Further, such Rezoning Application Materials do not refer to the Applicant's guarantee to the Authority of the rights to the water resources available on the Applicant's properties, including the Authority's use of the water - containing quarry pits located on the properties as water reservoirs at the time of cessation of the Applicant's mining activities on the properties, all in accordance with the existing agreements between the Applicant and the Authority. In order for the Authority to support this rezoning request, the Applicant must assure the continuation of the Authority's access to and use of the plant, wells and related improvement on the Applicant's properties and the Authority's rights to the water resources, including the water -containing quarry pits, pursuant to the existing agreements between the Applicant and the Authority. Should any further discussions be needed, please feel free to contact me. Very truly yours; Uwe E. Weindel, PE Engineer -Director cc.: Mr. Ron Mislowsky, PE, PHR&A • s EI1 April 1, 2011 Mr. Ron Mislowsky Patton Harris Rust & Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 RE: Application Requesting a Rezoning of 92 Acres from RA to EM (Extractive Manufacturing) for Carmeuse Clearbrook Property Identification Numbers (PINS): 44-A-83, 44-A-83A, 33-A-144 Current Zoning District: RA (Rural Area) Dear Mr. Mislowsky: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting on March 16, 2011. The HRAB reviewed information associated with the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley, the Frederick County Rural Landmarks Survey Report, the Virginia Department of Historic Resources, as well as information provided and Patton Harris Rust & Associates, PC. The proposal seeks to rezone three parcels of land that total 92 acres from RA (Rural Areas) District to the EM (Extractive Manufacturing) District. The properties are located between the intersections of Route 11 with Brucetown Road and with Walters Mill Lane (508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike). Historic Resources Advisory Board Concerns The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, shows that a portion of the subject site is included in the study area of the Third Battle of Winchester. The Rural Landmarks Survey Report for Frederick County Virginia identifies one historic structure located on the site (44-A-83) and one historic structure located adjacent to the subject site. Both of these properties are potentially significant. The sites that are listed in the survey are: • Zinn House (#34-114) (Martin Farmhouse — located on the property) • Rose Farm (#34-717) 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Ron Mislowsky Re: Rezoning of 92 Acres from RA to EM Carmeuse Clearbrook April 1, 2011 Page 2 After reviewing this information and the applicant's materials and proposals, the Historic Resource Advisory Board (HRAB) recommended that the Carmeuse Clearbrook Rezoning Application addresses the following: • Proffer 3.1 should be revised to ensure that the Zinn House will be preserved and protected (removal of the "intention" language). • The Zinn House has barns and outbuildings associated with the farm house and these features are typically contributing features for the complex. The applicant should protfer to preserve and ;protect these buildings in addition to the Zinn House. The applicant should complete an application for the National Register of Historic Places for Zinn House property to determine if it is eligible for the Register. • The proffered berm should be relocated around the Zinn House to ensure that it does not block the historic property from Route 11 (see attachment). The berm should also be a rolling/contorted berm. Please contact me with any questions concerning these comments from the HRAB. Sincerely, Candice Perkins, AICP Senior Planner CEP/bad cc: Rhoda Kriz, HRAB Chair I PROPO-SED SCREENYJO SCALE:r-3oo' r / ram SUC flO'i B Ort A.t RwRD Yl. 1[t1 Vw t4.tp.r[MI ..( fHfff ..D lOC.1.Ol 0 Mf YLL ■ .I.1C1m h 1.[ fGCM Drp � M ul Op glvl y IOIISII. ' SCREENING KERN SECTIONS ICNE 1'=20' vi Z I O N m_ T- X w �Fre erick County Public Schools x� ... to ensure all students an excellent education K. Wayne Lee, Jr.. Coordinator of Planning and Development • leew@frederick.k12.va.us April 18, 2011 Mr. Ronald A. Mislowski Patton Harris Rust & Associates 117 East Piccadilly Street Winchester, VA 22601 Re: Carllleuse NA — Clearbr00k Rezoning Dear Ron, Frederick County Public Schools has reviewed the Carrneuse Lime and Stone rezoning application submitted to LIS oIl March 1, 2011. We have strong concerns regarding this application. We understand that the Virginia Department of Mines, Minerals, and Energy is responsible for regulating quarry operations and quarry safety, and that Frederick County does not have a role in this regulation. We do not wish to make comments in this vein. Instead, it is our duty to express our concerns over factors frorn the quarry operations that could impact the quality of the educational experience at Stonewall Elementary School, students' safety, and students' health; to ask that Carrneuse Lime & Stone take every cautionary step to prevent these impacts; and to ask that Carrneuse Lime & Stone be prepared to mitigate without delay IIllpacts orl us. Factors that concern LIS include the danger Of quarry wall collapse, damage caused by vibrations and flying debris frorn blasting, potentially asbestos-coIltaining dust, and the Ilolse froIll blasting and equipment. The proximity of the quarry to Route 11 and Stonewall Elementary School magnifies the risk from these factors. We Offer the following comments: Regarding quarry wall collapse, we are aware that measures are taken to avoid such incidents. However, they can and do happen. I-Iave core samples been taken to determine where collapses are more likely, and how these collapses can be avoided? If the quarry is located as shown on the screening berm section drawing, a significant collapse 50 feet frorn Route I I just across frorn Stonewall Elementary School could have sigIificant negative impacts oil LIS, including loss of ingress and egress. 2. Regarding damage from blasting, we are aware that measures are taken to avoid as maIly such impacts as is humanly possible. Is money allocated to an escrow account to pay for damages from blasting when they do occur? What is the plan of action if Stonewall Elementary School is damaged or cannot be fully occupied as a result of blasting damage? 1415 Amherst Street wAv.frederick.k12.va.us 540-662-3889 Ext. 88249 P.O. Box 3508 540-662A237 fax Winchester, Virginia 22604-2546 3. Regarding dust, we note in your proffer statement that you will control the dust with wet suppression or equivalent. We are aware that the prevailing winds send dust away from Us most of the time. Unfortunately, winds shift and dust control measures are not always effective. To make matters worse, we have read information indicating that respiratory tract ailments Can result from inhaling quarry dust and that limestone formations can contain asbestos. This information further indicates that children who already have respiratory ailments or otherwise weakened resistance are most especially susceptible to quarry dust. Does this quarry contain asbestos? What tests are available to Confirm this? We also note in the proffer statement that you propose remediation of adverse impacts to surrounding properties caused by dust. Does this remediation include respiratory illnesses? 4. Regarding noise, the closer the quarry conies to the school, the more impact the noise from operations will have. We acknowledge that this will impact students who are outside for PE and recess more than those inside. What steps will Carmeuse take to maintain noise at acceptable levels during the school Clay? Is there a generally agreed upon definition of acceptable noise levels? The greater the distance operations will be from SWES, the less significant all Impacts will be. We note in your Impact analysis statement that you intend to Use only 60% of the proposed rezoning area. This statement does not match the screening berm section drawing that shows 95% use of the property or greater, with quarry walls 50 feet from the Route I 1 right-of-way boundary. We would instead prefer a drawing that matches your impact analysis statement. 6. Does DMME regulate the distance that the quarry wall can be from a primary road? An emergency route? 7. Does DMME regulate the steepness and height of quarry walls and benching? Does DMME require slope stability analyses? 8. Does DMME regulate dust control? 9. Does DMME regulate noise levels? 10. Does DMME regulate the distance that the quarry wall can be from a school? 11. The Extractive Manufacturing District permits several uses besides quarries. Many of these uses, if positioned on the portion of the property near to and with access to Route 11, could have an Impact on pupil transportation and Our school day at Stonewall Elementary School. For instance, the intense odors from an asphalt batch plant would be quite disruptive. The noise and dust from a stone crushing operation could be overwhelming at times, especially during PE and recess. Caustic dust from a lime manufacturing facility could be dangerous. In your impact analysis statement, you say that several uses are proffered off. However, we cannot find such waivers in the proffer statement. 2 LI Frederick County Public Schools has an interest in all land development applications. Capital expenditures, annual operating costs, and day-to-day operations can all be Impacted by development. Should you have questions about the comments above, please contact me at 540- 662-3889 x88249 or leew cr,li•ederick.kI2.va.us. sincerely, ftCV- - K. Wayne Lee, Jr. Coordinator of Planning and Development Cc: Patricia Taylor, Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration Chuck Puglisi, Director of Transportation Darren Thomas, Principal, Stonewall Elementary School Mike Ruddy, Deputy Director, Frederick County Department of Planning and Development • • COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.fi-cderick.va.us April 10, 2011 VIA FACSIMILE — (540) 665-0493 — AND REGULAR MAIL Ron Mislowski, P.E. Pate' H t1 J .)Ru� V.. .• :.�ii ♦tt 117 East Piccadilly Street Winchester, Virginia 22601 Re: Rezoning Application, Parcel Numbers 44-A-83, 44-A-83A, and 33-A-144, O-N Minerals (Chemstone) Company Property — Proffer Statement dated February 8, 2011 Dear Ron: You have submitted to Frederick County for review a proposed proffer statement dated February 8, 2011 (the "Proffer Statement") for the proposed rezoning of 92± acres constituting property of O-N Minerals (Cliemstone) Company (the "Applicant"), Parcel Identification Numbers 44-A-83, 44-A-83A, and 33-A-144 (collectively, the "Property"), in the Stonewall Magisterial District, from the RA (Rural Areas) District to the EM (Extractive Manufacturing) District. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: 1. For pcirposes of clarity, ii \vuu]d be heipful ii metes and bounds of the portion of parcel 33-A-144 to be rezoned were provided. 2. The second paragraph of the first page of the Proffer Statement is unclear as to what would constitute "development of that portion of the Properties adjacent to or including the improvement or other proffered requirement", both in terms of what constitutes "development" and what constitutes being "adjacent". Also, the timing reference conflicts in part with other provisions of the Proffer Statement, including in particular Proffer 2.2. 3. Staff should be aware that the provision in the second to last sentence of the second paragraph on the first page of the Proffer Statement is likely not dictated by federal or state law. The County could still require that activity on the Property take place in 107 North KeM Strcet • Winchester, Virginia 22601 Ron Mislomki, P.E. April 10, 2011 Page 2 conformity with local requirements and federal/state requirements. To the extent that an activity cannot take place in compliance with both may mean that such all activity cannot take place on the Property and not that the activity must be able to take place on the Property. 4. Proffer 1.1 — The Proffer might better include citations as to exactly what constitutes the Mineral Mining Law and Reclamation Regulations, so as to avoid any ambiguities. Also, staff should be aware that Proffers 1.1, 4.1, 5.1, 8.1, 9.1, and 10.1 for the most part indicate that the Applicant will comply with regulations as to which compliance is already required and, therefore, the Proffers may not necessarily commit the Applicant to additional obligations. {{,. 1 Tt.` second s!'ntcnc . is u!�n!ca'• as to the ml.^.ning of "perio 11c �. Pro , �. ... . _. maintenance" and the parameters of the required access by vehicles for such purpose. 6. Proffer 2.2 — The Proffer does not commit to any specifics regarding the extent of the trees, including what the standards of the "U.S. Department of Forestry" are. 7. Proffer 3.1 — Staff should ensure that the County has received copies of the referenced surveys. Also, with respect to the area for the Phase II survey, the Proffer does not provide specification of "the area adjacent to the spring near the Martin farmhouse". Proffers 4.1 and 5.1 — Neither Proffer indicates suggests the establishment of any baseline for determining damage. 9. Proffer 7.1 — The Proffer does not state what constitutes "reasonable efforts", either by example or by particular standards. 10. Proffer 8.1 — Staff should be aware that the prohibition against lighting on the berms is limited to "affixed lighting structures". 11. Finally. because Ms. Martin still holds an interest, in the form of a life estate, in n.t n rt 1 t�Ciilu i": tl `o s"" 11?e i1 of ur Statoment ` nd Al;plit.'.:�tiCln ils parcci A-o3, she t . _ b. _ well. 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 that review will be done by staff and the Planning Commission. JSinc ours, Roderick B. WtHiams County Attorney Ron Mislowski, P.E. • S April 10, 2011 Page 3 cc: Michael Ruddy, AICP, Deputy Director of Planning and Development Thomas Moore Lawson, Esq. IJ COUNTY of FREDERICK i� Department of Planning and Development 540/665-5651 FAX: 540/665-6395 TO: Ron Mislowski, P.C. Patton Harris Rust & Associates FROM: Michael T. Ruddy, AICP Deputy Director �. RE: Initial Rezoning Comments: Carmeuse NA — Clearbrook Rezoning. DATE: April 15, 2011 The following comments are offered regarding the Carmeuse NA — Clearbrook Rezoning Application. This is a request to rezone 92 -P/- acres from RA (Rural Areas) to EM (Extractive Manufacturing) with Proffers. The review is generally based upon the proffer statement dated February 8, 2011 and the Impact Analysis Statement dated January, 2011. A TIA was not prepared for this application. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a Illlmnll1111, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. General i. i�i�.aSc ��r�.'�;ae Plat of Rn pnin`r,, inrlttrji. i metes and bounds description oftlie property. The acreage of the portion of Parcel 33-A-144 should be defined and added within the title block of the proffer statement. 2. Please ensure that all the necessary application materials are submitted with application. 3. The submission fee for this application would total $19,200.00, based upon acreage of 92 acres, plus the appropriate amount for public hearing signs. I would suggest that several public hearing signs are obtained for this application given the size and location of the property. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Carmeuse NA — Clearbrook Rezoning Comments April 15, 2011 Page 2 Land Use 1) The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The Comprehensive Policy Plan identifies the general area SLIrrOLIIldlllg this property with all llldllstrlal laird use designation. In general, the proposed Extractive Manufacturing (EM) land use resignation for this property is consistent with this industrial land use designation of the Comprehensive Plan. This consistency was confirmed during the approval process r ,,.., T P 2 1 n fG:' the auOptGu ?`;crtll:ti i i �.�i.l Use ] :tll l l 01 v. 2) The Draft 2030 Comprehensive Plan includes the Northeast Land Use Plan as an approved Area Plan in Appendix I. Therefore, the proposed Comprehensive Plan would continue to recognize the properties consistency with the Comprehensive Plan from a land use perspective. Impact Analysis Statement Please address the following errors in the Impact Analysis Statement prepared for this Application. I) Under B. Comprehensive Policy Plan, it is stated that the subject acreage is not located within the boundaries of any small area study or land use plan included in the Comprehensive Plan. The property is located within the boundaries of The Northeast Land Use Plan. Please correct. 2) Under B. Comprehensive Policy Plan, it is stated that the subject acreage is not located within the SWSA. The property is located within the SWSA. Please correct. ) Under C. Suitat-ility of the site. Scope of Proposed Use, it is stated that the Applicant has proffered that activities such as asphalt or concrete mixing plants, cement and lime kilns, and oil and natural gas extraction will be prohibited. The Proffer Statement does not prohibit such uses, or other FM Uses. Please correct in either the Impact Analysis Statement or Proffer• Statement. 4) Under C. Suitability of the site, Environmental Features, it is stated that the subject parcels contain no known environmental features. Section G. Historical Sites and Structures, describes that a Phase II Archeological Study is being conducted of the area adjacent to the sluing near the historically sigillf%callt Martin Farmhouse. Comity mapping and site observations indicate pond, stream, and wetland features• oil the property. Please correct the Environmental Features section to reflect the eilvir'orlirleiltal featili'es oil the property. 5) Copies of the Phase I and Phase II Archeological Sul•veyS should be provided to the County for review. CarinCLIsc NA — Clearbrook Rezoning Comments April 15, 2011 Page 3 Transportation The following transportation comi-rie11ts have been provided by John Bishop, County Transportation Planner, and should be considered as the County Staffs position on this component of the rezoning. 1) My review of the application indicates that while the applicant contends that overall truck trips on the public road system will not increase, there is no proffer to support this. While it may be true that daily trips are not expected to increase, the fact remains that rezoning of this parcel would increase the overall impact to our transportation system over time through the enabling of additional mining activity. 2) Numerous traffic impact analyses in this area have highlighted the need for improvements and alignment of Brucetown and Hopewell Road. In addition, the Northeast Land Use Plan calls for interchange modifications and transportation improvements to support the planned uses for this area. This includes the area that is proposed for rezoning. Established County policy is that new or additional development is responsible for implementation of the comprehensive plan which calls for it. Part of this responsibility is participating in the infrastructure needed to Support development of that comprehensive plan. At this time it does not appear that this application adequately addresses that responsibility. 3) The transportation component of the Northeast Land Use Plan identifies the need for all ultimate Six lane improvement for the Route 11 corridor in the vicinity of this project. According to VDOT, the lllllllllll1111 right-of-way necessary for this improvement would be 120', or 60' from the center of the existing right-of-way. The dedication of right-of-way to support the widening of Route 11 should be addressed. 4) A TIA was not provided for this project. This determination was based upon a development scenario that has not been proffered. As transportation relates directly to land use it must be recognized that the Proffer Statement does not place a limitation on development beyond that permitted by the district. Therefore, the number of vehicle trips, and consequently the impacts, could be considerably higher than that described with the development of additional EM land uses. Proffer Statement I ) The Proffer Statement states that the Properties shall be developed with extractive manufaC1Uring land Uses pursuant to the approved mining permit. It Should be recognized that the applicant has not proffered a commitment to the use of the property beyond those which would be enabled by the EM (Extractive Ma11Uf during) District. All land uses, meeting the applicable development standards, would be permitted within the district based upon the application as submitted. The County is familiar with the operation and practices of the existing CarmeLlse NA — Clearbrook Rezoning Comments April 15, 2011 Page 4 Quarry operations, both here and in Middletown, and recognizes that the purpose of the rezoning request is to enable the expansion of the existing limestone ore extraction operation onto adjacent properties, Litilizing this natural resource. However, lacking a commitment that seeks to Further define the scope of operations, this application should be evaluated carefully and with the understanding that the use of the properties could be more intensive than that described in the applicant's impact statement. 2) Please refer to the list of permitted uses and the maximum possible intensity of EM (Extractive Manufacturing) use identified in the County's Zoning Ordinance. As noted previously, the Impact Analysis states that the Applicant has proffered Ohm activiii-Si Such as Ll:.1p1hall of concrete mixing plam6, cenicni and lime klins, and oil and natural gas extraction will be prohibited. The Proffer Statement does not prohibit SLICII LISCS, or other EM uses. 3) The EM (Extractive Ma11l1fLiCtUring) district of the County's Zoning Ordinance provides for additional performanec standards which are aimed at protecting surrounding land uses from adverse impacts. Specifically, the following two standards address excavations 1. (Front Setback). Excavations shall be no closer than one hundred feet from any road, street, or highway right-of-way. 2. (Side & Rear Setbacks). Excavations shall be no closer than one hundred feet from any property zoned RA. No excavation shall be located closer than 200 feet from any dwelling or platted residential subdivision. Proffer 2.2 recognizes Exhibit 2 as the document detailing the landscaping, berming, and excavation activity. Tile two sections shown on Exhibit 2 place the pit wall excavations approximately 53 feet from the road right-of-way and residential lots. This is also the same distance proposed front the County Park. Please address wily Exhibit 2 proposes standards which appear to conflict with the County's Zoning Ordinance. 4) Insufficient detail is provided in Proffer 2.2 or Exhibit 2 to accurately define the amount, size, inix, and spacing Of the landscaping. Both Proffer 2.2 and Exhibit 2 relate to each ether but do not adequately provide commitments in the laIldsCaplllg and berming to gLILlrantee the impacts t0 tile adjacent residential properties within the existing platted subdivision, the Route 11 corridor, and the County Park can be adequately mitigated. The proffered buffering and landscaping should propose buffering and landscaping that would exceed the InininIL1111 expectation of the Ordinance. Specificity as to the landscaping is expected. 5) Additionally, appropriate landscaping or screening may be required by the Zoning Administrator or Planning Commission within any required yard setback area in order to reasonably protect adjacent uses from noise, sight, dust, or other adverse impacts. The adjacent residential uses, the lliStOI-iC fL11'111110Llse, the Route 11 corridor, and Clearbrook Park are recognized in the Northeast Land Use Plan with a Developmentally Sensitive Area designation. Due consideration of these elements in the Application is also expected. Carnieuse NA — Clearbrook Rezoning Comments April 15, 2011 Page 5 6) A commitment as to the timing of the construction of the berms would be helpful as would understanding the ultimate location and design of the overburden as required by the approved mining permit. Examples exist of extremely large and conspicuous piles of overburden. Knowing the ultimate location of this would be helpful to ensure unanticipated impacts do not occur. 7) Proffer 3.1 addressing Historic Resources does not appear to be a valid proffer as It makes no commitment to do anything relating to the Marini Farmhouse, which the Applicant's Phase 1 Archeological Survey identified as having historical significance. It appears to be a narrative restating discussion in the Impact Statement and the intention of the Applicant. FUrdier clarification and commitment is needed with regardS to this issue. The comments provided by the Historic Resources Advisory Board should be addressed. 8) This application's does not address the impacts on Co111111L1111ty Facilities. Particular attention should be provided to Parks and Recreation, and Fire and Rescue. The Northeast Land Use Plan recognizes the planned development of capital facilities that would be necessary to support the growth in this area of the County. A new fire and rescue facility in the Clearbrook area is recognized and is a top priority of the CIP. 9) Staff would support the County Attorney's opinion that any proffer that provides a commitment to do something that is already required by Federal, State, and Local requirements, or the Applicant's Mining Permit Should be removed from the proffer statement. For purposes of clarity and understanding it would be preferable to limit the commitments in the proffer statement to those that are above and beyond the scope of any existing requirements, whether required by Code or by Permit. In general, narrative Should be placed within the Impact Statement with co1111111t111C111S located In the Proffer Statement In conclusion, please ensure that the above comments, and those offered by the reviewing agency are given due consideration. MTR/bad 6 IR Mike Ruddy From: Rod Williams Sent: Friday, July 29, 2011 2:31 PM To: Eric Lawrence; Mike Ruddy Subject: Carmeuse - Clearbrook Eric/Mike, As I will not be here next week, I wanted to get to you the comments that I have on the revised proffers: In Proffers 2.1 and 6.1, the changes regarding access to Route 11 actually make the proffers less restrictive than they were previously. I do not believe this presents a legal impediment to proceeding, but I just wanted to draw attention to the fact that this is the opposite direction from the way things usually proceed (though I recognize that at least one member of the PC encouraged this change). In Proffer 3.1, regarding the commitment for adaptive reuse of the farmhouse, the Proffer simply commits to do so "in the future". Without any definite time stated, this is not really a commitment. In Proffer 6.2, the last sentence, regarding effects of future development on the buffering and screening, the Proffer likewise makes no actual commitment, instead saying "the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening." Should anything come up next week, you can reach me at 703-927-8403. e Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia(c co.frederick.va.us Rezoning Comments Carmeuse - Clearbrook Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department ! of Transportation with' their review. Attach three ;copies,of.your application form, location map, proffer, statement, impact analysis; and any, other pertinent information ..._��_-�..—...—.�.�....`�._.�:....�.•.L��u�e..�—.:..s�.•�.—...r.•......�u....-�....�....•...�....�.....1...:.+...�....�ur....�......•:...........W.i.....—.•.n�..v..—..�u.::.. �....••u�.�.w.+�.�....a.rVuaw.....r..vr.�.1...16.::1:• Applicant's Name: O-N Minerals (Chemstone) Company Telephone: (412) 638-1581 d/b/a Carmeuse Carmeuse Lime & Stone Mailing Address: c/o Patton Harris Rust & Associates 117 E. Piccadilly Street Winchester, VA 22601 Location of property: 508 Quarry Lane (that portion not currently zoned EM), 3004 Martinsburg Pike and 3180 Martinsburg Pike. The subject parcels are located between the Current zoning: RA Intersections of Route 11 vrith Brucetovm Road (SR 672) and vrith Walters Mill Lane (SR 836). Zoning requested: EM Acreage: 92 Virginia Department of Transpportation Comments: See attached email from VDOT to PHR&A dated March 1.1, 2011. VDOT Signature & Dat : 03/11/11 Notice to VDO - Please Return Form to Applicant 11 Ronald A. Mislowsky From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.virginia.gov] Sent: Friday, March 11, 2011 8:38 AM To: Ronald A. Mislowsky Cc: mruddy@co.frederick.va.us; Ingram, Lloyd Subject: Carmeuse Lime & Stone Rezoning - VDOT Comments Attachments: CommentSheet.pdf The documentation within the application to rezone this property appears to have little measurable impact on Route 672. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Carmeuse Lime & Stone Rezoning Application dated February, 2011 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of- way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. <<CommentSheet.pdf>> Lloyd A. Irrgrnrrr, Land Development Lnghrecr VA Department of Tr•nrrsportr7tiorr — Lnrrcl Dcveloprrrcrrl Clarke, Frederick, Slrenmidoulr & INnrrcrr Corrrrties 14031 Old Valley Edirrbrrrg, Virgini Mom, #(540) 984 Fax tt(540) 984-5( • Rezoning Comments Carmeuse - Clearbrook Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 Winchester, Virginia Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: O-N Minerals (Chemstone) Company Telephone: (412) 638-1581 d/b/a Carmeuse Carmeuse Lime & Stone Mailing Address: c/o Patton Harris Rust & Associates 117 E. Piccadilly Street Winchester, VA 22601 Location of property: 508 Quarry Lane (that portion not currently zoned EM), 3004 Martinsburg Pike and 3180 Martinsburg Pike. The subject parcels are located between the Intersections of Route 11 with Brucetown Road (SR 672) and with Walters Mill Lane (SR 836). Current zoning: RA Zoning requested: EM Acreage: 92 Fire Marshal's Comments: Fire Marshals Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant 22 • 0 Control number RZ11-0002 Project Name Carmeuse Address 117 East Piccadilly St. Type Application Rezoning Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plans Approved As Submitted, Plan Approval Recommended Yes f=i e,c�et icic C;O U111ty ii" aili gA, ac:tac; CDep ai'i:i-flevit: 0'imice t7 'ciic Five Wf ayshai Plan C"kcvie;w and Col-kinflenis Date received Date reviewed Date Revised 3/1/2011 3/14/2011 Applicant PHR&A City State Zip Applicant Phone Winchester VA 22601 540-667-2139 Tax ID Number Fire District Rescue District Recommendations Automatic Fire Alarm System No Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Election District Stonewall Residential Sprinkler System No Fire Lane Required No Special Hazards No Reviewed By Signature ,. r J. Bauserman3;-,f•;g _pp Title [,{ j{,, 5406672260 is 46 49:55 p.m. 04-07-2011 2 12 Re,zoning-, Comments Carmeuse - Ctearbrook Fire and Rescue Company Nam of Fire & Rescue Companv: Ciearbrook Vol. Fire Co., Inc. Attn: Fire Chief or Assistant Fire Chien Address & Phone P,O- Box 56 1256 Srucetown Road Clearbrook, VA 22624 h Applicant: }Fl-peyatsepfill (out the irnformattiiontaa�sa accurately- as possible in order to assist the fire and Rescue 1t1<{rtT4LtiMSi rV r•,�Tc :;,4id6P s w(the iJ> ij+� N r �cy { 410 iTi e "r,�Y+ and Ay1i !) � g7ti' iment w� Applicant's Name: o-N Minerals (Chernstone) Company Telephone: (412) 638-1581 dibfa Carmeuse Canneuse Lime & Stone Mailing Address: cfo Patton Harris Rust & Associates 117 E. Piccadilly Street ` inchester. VA 22601 Location of property: 50"uarry Lane ;that part on not W rrentSy zoned EAk), 3004 Martinsburg Pike and 3180 Martinsburg Pike. the subject parcels are lomted between the intersections of RoWe 11 �h Brucetovm. Road (SR 672, and wish Waiters Mill Lane (SR W). Current Zoning: RA Zoning requested: EPA Acreage: 92 Fire and Rescue Company's Comments: � I� ��/l'.c*-- ���P.�-� �!%. � P � �C'�C.�r C2*sit>..a,>,. -�i `C+'• � —�I I- Fire & Rescue Company's' Signature &. Date: �f ?__��._, `� r�, �,,:•. Notice to Dire & Rescue Companv - Please Return This Form to the Applicant 04;ri.1�90 R 'OUN-TV W ACK Departs 46hi".4YOU %iks -S401665-5643 FAV 540/.67&0682 March 21j 2011 Mr.. Ronald A. Mislowsky"P.E. Vice,Pfesidcht Patton.Harris kust.&,Asso6iates;:p.c. 1171, Piccadilly, $fre.ef Winchester, Virgini"1122601' RE; Carilieuse-NA— C16drbi*6ok Rezoning Corriffe'fits Frbderic*k CbUnty:.-Virg.in I ia Dear Ron: We:have cornpleted,60f, review of the proposed,-'feZoning ofthe,approximate 92 acmes of land owned by'CaffiieHise NA44d off&th6fol lbwi;li'g--.ci6­ffi nichts'. 1. Refer w:Sitc.and.Land Use'His't-pTy; page 3: The.. discussion, references the quarry comp?Lijy?s.aft6mpjs.to iiiect:witli--adjac'etit!i-esideiiis-,tb.!address concerns to insure minimal impacUolhe surrounding-coilinitinity. Thi':s.d&ussidll."3houId be expanded toiriblUktil'6 hid asu res• that ,wi I 1,bc - 6iipIqycd"td rerficdidte'the impacts of the-opch "pit mi ni n g,"o p&at ions on the ten.,(I 0) singli?, fad -lily residents located alon e 'Wei rnp cistfrom the mining g-Rolk 11: 'Ilil. pqllicular, anticipate.the.i a operations'Will incl'uje- dust,,-, noise, lower groundwater l.cvc.1s and possible damage to buiIding,s'tru6fur6§- 2. Refer to. Soils/6eolo a y., -page, 4! Expqnd.-tlie discussions to,in6lude a description qf.the,adtijql- geological -formations that will be impacticd, and. extracted by the 3. Refer io: Solid'Waste! Dispo�ol, page lie proposed rezoning—incorporafes. property that-,. i s� curreni Iy;J eased by -Freddrick.,Co'djity,-.fdf,,,'Lise-"as a citizens.' refuse disposal site. Frederick Cotinty`sigped d.l'c7ase'.Wiifib=N'Mih-6rdl§,t6 rise this" prqpertYI`.1s'i A- ated'imme&iely.-pasi of the V .pals- ball, field-. The lease, 'w lic 1. 0.6 in'cl'udcd!an!inifihI*jen (YO) year time frame wiih, fj%'(5) yqqLr. yenewals.. Al:ffie,firne'the,lcase was executed, repTpsgri4ti'ves from.O-"N-'Min.eraJs- indicated `thaV'they. afiticipat6di uhd6f ground mining t64niovb,t66,high calbiurri -Iiinestone. Carmeuse NA _ Cl• brook.Rezoning Cbrnmezits • Page 2 March 21,2011 Based on:the proposed rezoning; we understand iliat.Carnleuse NA plans to continueahe current open pit -.approach:. Nevertheless, considering the investment. thatTrederick­Coutity has;iiiade in this site to �iccoMrfi date,citizen refuse, we •would,appreciate'the coniinued use of this,site;uiitil, at,least, 2024. If this -request fits within the.,proposed development time frame of the.quarry operations, we would`appreciafe fhat'it be -included in the proffer. sfatement. I.can be reached,at;722=82i4`if'you should have aiiy-gitestibiis regarding these coihments. 'Sincerely, nstrawsnyder, I-Iaryey.;, Jr., RE. Di"recl'6r4 Public Works I-IES%rls cc: Candice Perkins.:Planning-and.Development file fit:\Rhonda\TEAIPCOA1AIENTS\CARAtEUSE.NA - CLEARBROOK RUCOh1S:doc. Rezoning Comments Carmeuse - Clearbrook Frederick -Winchester Service Authority Mail to: Hand deliver to: Fred-Winc Service Authority Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director Attn: Jesse W. Moffett P.O. Box 43 107 North Kent Street Winchester, Virginia 22604 Winchester, Virginia (540) 722-3579 Applicant: Please fill out the information as accurately as possible in order to assist the Fred-Winc Service Authority with their review. Attach a copy of your application form, location map, proffer statement, i impact analysis, and any other pertinent information. Applicant's Name: O-N Minerals (Chemstone) Company Telephone: (412) 638-1581 d/b/a Carmeuse Carmeuse Lime & Stone Mailing Address: c/o Patton Harris Rust & Associates 117 E. Piccadilly Street Winchester, VA 22601 Location of property: 508 Quarry Lane (that portion not currently zoned EM), 3004 Martinsburg Pike and 3180 Martinsburg Pike. The subject parcels are located between the intersections of Route 11 YAth Brucetown Road (SR 672) and with Walters Mill Lane (SR 836). Current zoning: RA Zoning requested: EM Acreage: 92 Fred Wine Service Authority's Comments: IRO Corns aks Fred-Winc Service Auth •ity's Signature & Date: Notice to Fred-Winc Service Authority - Please Return Form to Applicant 33 • U Rezoning Comments Carmeuse - Clearbrook Frederick -Winchester Health Department Mail to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick - Winchester Health Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other Applicant's Name: O-N Minerals (Chemstone) Company d/b/a Carmeuse Carmeuse Lime & Stone c/o Patton Harris Rust & Associates Mailing Address: Telephone: (412) 638-1581 b 117 E. Piccadilly Street Winchester, VA 22601 Location of property: 508 Quarry Lane (that portion not currently zoned EM), 3004 Martinsburg Pike and 3180 Martinsburg Pike. The subject parcels are located between the intersections of Route 11 with Brucetown Road (SR 672) and with Walters Mill Lane (SR 836). Current zoning: RA Zoning requested: EM Acreage: 92 Frederick -Winchester Health Department's Comments: 6,1S ✓10 A"'44" ' 1n -ihe rtque" Sr?Iaq� ASya ex)-s-i'"77 7' cc) cL<,1 %S P Tm . 1 rot. Health Dept. Signature & Date: / Notice to Hea th Department - Please Return This Form to the Applicant 26 04-04-11;10:52AM; E CJ $f 2/ 2 Rezoning Comments Carmeuse - Clearbrook Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department ofParks & Recreation with their review.. Attach a copy of your application : form,_ location. map, proffer _ ..._ _ ._ .. _ .. . _... ... _... . '•i. C_� ;�>_��%1�4.:rCi ri'%I�.ri%�1r2'.1ik;.iP'G.'e•�'�i2.. r' a '��� .a,.jy<...r Applicant's Name: O-N Minerals (Chemstone) Company Telephone: (412) 638-1581 Mailing Address: d/b/a Carmeuse Carmeuse Lime & Stone c/o Patton Hams Rust & Associates 117 E. Piccadilly Street Winchester, VA 22601 Location of property: 508 Quarry Lane (that portion not currently zoned EM), 3004 Martinsburg Pike and 3180 Martinsburg Plke. The subject parcels are located between the Intersections of Route 11 with Brucetown Road (SR 072j and with Walters Mill Lane (SR 836). Current zoning: RA Zoning requested: EM Acreage: 92 Department of Parks & Recreation Comments: Pks. & Rec. Signature & Date: Notice to Department of Parks & Recreation - Please Return This Form to the Applicant INC3 • s Rezoning Comments Carmeuse - Clearbrook Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Narne: O-N Minerals (Chemstone) Company d/b/a Carmeuse Carmeuse Lime & Stone c/o Patton Harris Rust & Associates 117 E. Piccadilly Street Mailing Address: Winchester, VA 22601 Telephone: (412) 638-1581 Location of property: 508 Quarry Lane (that portion not currently zoned EM), 3004 Martinsburg Pike and 3180 Martinsburg Pike. The subject parcels are located between the Current zoning: RA intersections of Route 11 with Brucetown Road (SR 672) and with Walters Mill Lane (SR 836). Zoning requested: EM Acreage: 92 Winchester Regional Airport's Comments: e ene\os-erl Winchester Regional Airport's 1 Signature & Dater (1\l Jett a3 1 1 Notice to Winchester Regional Airport - Please Return Form to Applicant 30 is 0 WINCHESTER REGIONAL AIRPORT 1� HoR j March 23, 2011 Ron Mislowsky, P.E. PHRA 117 East Piccadilly Street Winchester, VA 22601 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Re: Rezoning Comment — RA to EM O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone Stonewall Magisterial District Dear Mr. Mislowsky: We have completed a review of the proposed Rezoning application and determined the rezoning should not impact operations of the Winchester Regional Airport. If you have any questions, please do not hesitate contacting me. Thank you for your continued support in the Winchester Regional Airport. Sincerely, � Serena R. Manuel Executive Director L, CARMEUSE - CLEARBROOK REZONING IMPACT ANALYSIS STATEMENT January 2011 Revised 19 May 2011 A. INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the conditional rezoning of parcels 44-A-83A, 44-A-83 and a portion of parcel 33-A-144 which total approximately 92 acres. The subject parcels are situated on the east side of U.S. Route 11, 1,050 ft. south of Hopewell Drive. The property extends from the Clearbrook Park property on the north, south to near the Walters Mill Road intersection with U.S. Route 11. The northern site is a 44 acre portion of the current Carmeuse property which is zoned EM. Parcels 44-A-83 and 44-A-83A of 48 acres lie to the south. The subject acreage is currently zoned RA (Rural Areas). This application proposes the rezoning of the 92 acres from RA to the EM (Extractive Manufacturing) District. Carmeuse NA Corporation's ("Carmeuse") existing Clearbrook plant and quarries are located adjacent to the subject properties. The property containing these existing facilities is zoned EM. The subject acreage contains mapped deposits of chemical grade limestone, the extraction of which is critical to the continued viability of the established quarry operation. Indeed, the mineral -rich nature of the properties and their value for future extraction activities was identified years ago when the northern half of the property was acquired and this acreage has remained in the ownership of mining interests ever since. The southern parcel was recently purchased to preserve the rights to the limestone below. The requested rezoning will enable the appropriate use of the subject acreage consistent with its unique geological attributes, which will thereby assure the continued vitality of the Carmeuse Clearbrook operation. The contents of this report will outline the role of the subject acreage in future Carmeuse operations and further identify anticipated impacts as well as those strategies necessary for effective mitigation. The applicant is confident that the proposed rezoning includes a proffer program that will appropriately and effectively mitigate identified impacts. As such, we believe this rezoning request merits favorable consideration and approval. B. COMPREHENSIVE POLICY PLAN The subject acreage is not located within the boundaries of any small area study or land use plan included in the Comprehensive Policy Plan. The properties are also located Impact Analysts Statement 0 6 Carmeuse - Clearbrook outside of the Sewer and Water Service Area (SWSA) and the area is identified as appropriate for office and industrial uses. The Proposed Office and Industrial Areas policies of the Comprehensive Policy Plan are relatively silent concerning natural resource extraction. C. SUITABILITY OF THE SITE State Reaulation of Mineral Mining Operations The Code of Virginia requires the issuance of mineral mining permits for all mining operations within the Commonwealth. Mineral mining permits are issued by the Division of Mineral Mining (DMM) of the Virginia Department of Mines, Minerals and Energy pursuant to the Mineral Mining Law and Reclamation Regulations for Mineral Mining. To obtain a permit or add acreage to a mine operating under an existing permit, a plan of operation/mine permit map must be submitted for DMM approval and updated annually. The DMM possesses the authority to regulate an array of technical and operational issues through the permitting process and regular mine inspections. Issues controlled by the DMM include, but are not limited to, the following: grading and stabilization of quarry pits and berms, drainage, erosion and sediment control, screening of mine operations, blasting operations, and final reclamation and stabilization of the site. The Clearbrook quarry currently operates under mining permit number 07114AB. Should this rezoning be approved, the expansion of the mining operation to include the subject acreage would necessitate amendment of the existing permit. To secure DMM approval, the amended permit must be accompanied by a revised plan of operation/mine permit map demonstrating effective impact mitigation and conformance with state mining regulations. Scope of Proposed Use The majority of the limestone ore quarried at the existing Clearbrook site is processed and distributed directly from the Clearbrook site. The scope of the EM use at the Clearbrook site will continue to involve overburden removal, controlled blasting and ore extraction, crushing of ore for transport and the loading of materials for transfer. The proposed rezoning allows for an extension of the existing quarrying activities from the existing operation to the subject property. An extensive network of earthen berms will be installed to screen the Route 11 corridor including those residents adjacent to the subject property from the active mining activities. The berms will be planted with landscaping suitable for all season screening. Trees will be planted within one year from the date of unappealable zoning approval in the places identified on the plat attached to the proposed Proffer Statement as Exhibit 2. Site and Land Use History The subject properties contain significant limestone deposits that are recognized for their exceptional purity and consistency. For many years limestone ore has been 2 Impact Analysis Statement Carmeuse - Clearbrook p extracted and processed via the existing Clearbrook quarry facilities, which are located adjacent to the subject acreage. These facilities serve a diverse array of industrial, environmental, and municipal markets with four primary product groups - high calcium quicklime, hydrated lime, chemical grade limestone, and construction aggregates. The applications for these products are numerous, but most notably involve agriculture, pollution reduction technologies, national defense infrastructure, road building, and food processing. The existing Clearbrook quarry facilities have been in active operation since the 1950's under various ownership interests, and were acquired by Carmeuse NA from Chemstone Corporation in 2008. As noted in the introductory section of this report, the acreage proposed for rezoning is adjacent to the current operation and has been controlled by mining interests for the past forty years, which has assured the availability of extensive limestone ore reserves for eventual extraction. Thus, although the zoning of the subject acreage has remained RA, the acreage has historically been reserved for extractive manufacturing as its intended use. The uneventful history of quarry operations in the Clearbrook area has demonstrated the ability of such facilities to amicably co -exist with nearby residents and land uses. The quarry companies have endeavored to meet with local residents and businesses over the years to ensure concerns are known. Such meetings have allowed compatibility issues to be identified and addressed proactively, thus ensuring the operation of extractive manufacturing uses with minimal impact to the surrounding community. These meetings will continue to serve a vital role in assuring that dialogue between Carmeuse and the community is on -going and constructive. Environmental Features The subject parcels of 92 acres contains no known environmental features. Of the total acreage proposed for rezoning, it is projected that actual excavation will involve approximately 55 acres, or only 60% of the area to be rezoned. Areas adjoining the quarries will be devoted to storage of said materials as well as discarded earth. Areas for excavation and storage will be located and managed to minimize impacts to surrounding properties. Moreover, in any case where disturbance is proposed, appropriate mitigation strategies will be employed pursuant to the requirements of the Frederick County Zoning Ordinance and all applicable state and federal regulations. Soils/Geology The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Oaklet-Carbo-Chilhowie soil association. The following table identifies the multiple soil types present on each property: 3 Impact Analysis Statement 0 9 Carmeuse - Clearbrook /Man .Chnnfc 1A 94 and 95 of Rnil R vPvl Map Symbol Soil Name Slopes (range) Percent of Site 7C Carbo Oaklet Rock Outcrop 2 to 15% 38.6% 32B Oaklet Silt Loam 2 to 7% 37.4% 6C Carbo Oaklet Silt Loam 2 to 15% 21.6% 34 Pagebrook Silt Loam 0 to 15% 2.4% The majority of the soil types comprising the subject acreage are not considered prime farmland. Soils 32B (Oaklet Silt Loam) are listed as prime farmland in the soil survey, however, these soils lie along the U.S. Route 11 right-of-way and are not in the quarrying area. These areas will be used for berm construction and landscaping to screen the operations site. Being along Route 11, these areas would, in all likelihood, not be suitable for farming. The residentially developed areas along Route 11, the fairgrounds and Stonewall Elementary School all lie on Oaklet soils. The purity and consistency of the limestone deposits found in soil groups 6C and 7C, that underlie the subject properties, constitute the ideal geologic conditions for extractive manufacturing use. The characteristics of the identified soil types and any implications for site development are manageable through the site engineering process. Access/Transportation Public road access will be provided to the rezoned parcel. All traffic will continue to use the existing entrances on Brucetown Road, VA Route 672. It is not expected that the rezoning will result in an increased trip generation as production is a factor of demand and not available reserves. As no increase in trips would result, there is no requirement for a Traffic Impact Analysis. Initial discussions with VDOT indicate that the entrance configuration is adequate for anticipated traffic volumes. D. SEWAGE CONVEYANCE AND WATER SUPPLY The Clearbrook facility is served by a private system for on -site sewage disposal. No additional sewage facilities will be required by this rezoning. Industrial use water supply for the Clearbrook facility is obtained by quarry pit de -watering, which occurs through the mining process. This source will provide sufficient supply and pressure for the expanded mining use, to include dust control in and around the quarries. All de -watering activities will be performed pursuant to DMM requirements, and in accordance with the approved mining permit for the Clearbrook operation. Domestic water use is provided by on site private well under Frederick County Health Department permit. E. DRAINAGE The plan of operation/mine permit map is required to include a drainage plan subject to DMM review and approval. The drainage plan must address several items, to include the following: (a) the directional flow of water on and away from the site, (b) location and 4 Impact Analysis Statement • 0 Canneuse - Clearbrook P specifications of constructed drainage ways, (c) the use of natural waterways for drainage, and (d) delineation of the streams or tributaries receiving the discharge. Should the requested rezoning be approved, the mining permit must be amended to include the subject acreage, which will involve preparation of a revised drainage plan that ensures effective incorporation of the expansion area into the facility's overall drainage system. F. SOLID WASTE DISPOSAL Solid waste generated by employee activities will be collected in dumpster facilities and removed from the site by commercial refuse carrier. Solid waste will be transferred to the Frederick County landfill for ultimate disposal by said carrier. Waste resulting from mining activities will be placed in spoil stockpiles and within berms used for facility screening. The storage and adaptive use of spoils will be addressed through the approval process for the amended mining permit, and will therefore be required to meet all DMM requirements. G. HISTORICAL SITES AND STRUCTURES The result of the Phase 1 Archaeological Survey is that the subject properties to be rezoned to not have historical significance with the exception of the Martin farmhouse. In the development conternplated by the rezoning, Carmeuse has no intention of removing or affecting the martin farmhouse, and, in the long term, will put the farmhouse into adaptive reuse. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 5 IV MR -WA !I IL Awlti Il� its t,. L A6 IA t 11 1 CARMEUSE - CLEARBROOK REZONING IMPACT ANALYSIS STATEMENT January 2011 A. INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the conditional rezoning of parcels 44-A-83A, 44-A-83 and a portion of parcel 33-A-144 which total approximately 92 acres. The subject parcels are situated on the east side of U.S. Route 11, 1,050 ft. south of Hopewell Drive. The property extends from the Clearbrook Park property on the north, south to near the Walters Mill Road intersection with U.S. Route 11. The northern site is a 44 acre portion of the current Carmeuse property which is zoned EM. Parcels 44-A-83 and 44-A-83A of 48 acres lie to the south. The subject acreage is currently zoned RA (Rural Areas). This application proposes the rezoning of the 92 acres from RA to the EM (Extractive Manufacturing) District. Carmeuse NA Corporation's ("Carmeuse") existing Clearbrook plant and quarries are located adjacent to the subject properties. The property containing these existing facilities is zoned EM. The subject acreage contains mapped deposits of chemical grade limestone, the extraction of which is critical to the continued viability of the established quarry operation. Indeed, the mineral -rich nature of the properties and their value for future extraction activities was identified years ago when the northern half of the property was acquired and this acreage has remained in the ownership of mining interests ever since. The southern parcel was recently purchased to preserve the rights to the limestone below. The requested rezoning will enable the appropriate use of the subject acreage consistent with its unique geological attributes, which will thereby assure the continued vitality of the Carmeuse Clearbrook operation. The contents of this report will outline the role of the subject acreage in future Carmeuse operations and further identify anticipated impacts as well as those strategies necessary for effective mitigation. The applicant is confident that the proposed rezoning includes a proffer program that will appropriately and effectively mitigate identified impacts. As such, we believe this rezoning request merits favorable consideration and approval. • Impact Analysis Statement 6 Carmeuse - Clearbrook B. COMPREHENSIVE POLICY PLAN The subject acreage is not located within the boundaries of any small area study or land use plan included in the Comprehensive Policy Plan. The properties are also located outside of the Sewer and Water Service Area (SWSA) and the area is identified as appropriate for office and industrial uses. The Proposed Office and Industrial Areas policies of the Comprehensive Policy Plan are relatively silent concerning natural resource extraction. C. SUITABILITY OF THE SITE State Regulation of Mineral Mining Operations The Code of Virginia requires the issuance of mineral mining permits for all mining operations within the Commonwealth. Mineral mining permits are issued by the Division of Mineral Mining (DMM) of the Virginia Department of Mines, Minerals and Energy pursuant to the Mineral Mining Law and Reclamation Regulations for Mineral Mining. To obtain a permit or add acreage to a mine operating under an existing permit, a plan of operation/mine permit map must be submitted for DMM approval and updated annually. The DMM possesses the authority to regulate an array of technical and operational issues through the permitting process and regular mine inspections. Issues controlled by the DMM include, but are not limited to, the following: grading and stabilization of quarry pits and berms, drainage, erosion and sediment control, screening of mine operations, blasting operations, and final reclamation and stabilization of the site. The Clearbrook quarry currently operates under mining permit number 07114AB. Should this rezoning be approved, the expansion of the mining operation to include the subject acreage would necessitate amendment of the existing permit. To secure DMM approval, the amended permit must be accompanied by a revised plan of operation/mine permit map demonstrating effective impact mitigation and conformance with state mining regulations. Scope of Proposed Use The majority of the limestone ore quarried at the existing Clearbrook site is processed and distributed directly from the Clearbrook site. The scope of the manufacturing use in Frederick County will continue to involve overburden removal, controlled blasting and ore extraction, crushing of ore for transport and the loading of materials for transfer. Additionally, the Applicant has proffered that activities such as asphalt or concrete mixing plants, cement and lime kilns, and oil and natural gas extraction will be prohibited. As such, the proposed rezoning will only allow for an extension of the existing quarrying activities from the 2 • 0 Impact Analysis Statement Carmeuse - Clearbrook existing operation to the subject property. No processing or loading of processed material will occur on the subject property. An extensive network of earthen berms will be installed to screen the Route 11 corridor including those residents adjacent to the subject property from the active mining activities. The berms will be planted with landscaping suitable for all season screening. Trees will be planted within one year from the date of unappealable zoning approval in the places identified on the plat attached to the proposed Proffer Statement as Exhibit 2. Site and Land Use History The subject properties contain significant limestone deposits that are recognized for their exceptional purity and consistency. For many years limestone ore has been extracted and processed via the existing Clearbrook quarry facilities, which are located adjacent to the subject acreage. These facilities serve a diverse array of industrial, environmental, and municipal markets with four primary product groups - high calcium quicklime, hydrated lime, chemical grade limestone, and construction aggregates. The applications for these products are numerous, but most notably involve agriculture, pollution reduction technologies, national defense infrastructure, road building, and food processing. The existing Clearbrook quarry facilities have been in active operation since the 1950's under various ownership interests, and were acquired by Carmeuse NA from Chemstone Corporation in 2008. As noted in the introductory section of this report, the acreage proposed for rezoning is adjacent to the current operation and has been controlled by mining interests for the past forty years, which has assured the availability of extensive limestone ore reserves for eventual extraction. Thus, although the zoning of the subject acreage has remained RA, the acreage has historically been reserved for extractive manufacturing as its intended use. The uneventful history of quarry operations in the Clearbrook area has demonstrated the ability of such facilities to amicably co -exist with nearby residents and land uses. The quarry companies have endeavored to meet with local residents and businesses over the years to ensure concerns are known. Such meetings have allowed compatibility issues to be identified and addressed proactively, thus ensuring the operation of extractive manufacturing uses with minimal impact to the surrounding community. These meetings will continue to serve a vital role in assuring that dialogue between Carmeuse and the community is on -going and constructive. Environmental Features The subject parcels of 92 acres contains no known environmental features. 3 Impact Analysis Statle 0 Carmeuse - Clearbrook Of the total acreage proposed for rezoning, it is projected that actual excavation will involve approximately 55 acres, or only 60% of the area to be rezoned. Areas adjoining the quarries will be devoted to storage of said materials as well as discarded earth. Areas for excavation and storage will be located and managed to minimize impacts to surrounding properties. Moreover, in any case where disturbance is proposed, appropriate mitigation strategies will be employed pursuant to the requirements of the Frederick County Zoning Ordinance and all applicable state and federal regulations. Soils/Geology The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Oaklet-Carbo- Chilhowie soil association. The following table identifies the multiple soil types present on each property: /Man .ghnphc 10 24 and 25 of Soil Survey) Map Symbol Soil Name Slopes (range) Percent of Site 7C Carbo Oaklet Rock Outcrop 2 to 15 % 38.6% 32B Oaklet Silt Loam 2 to 7 % 37.4% 6C Carbo Oaklet Silt Loam 2 to 15 % 21.6% 34 Pa ebrook Silt Loam 0 to 15 % 2.4% The majority of the soil types comprising the subject acreage are not considered prime farmland. Soils 32B (Oaklet Silt Loam) are listed as prime farmland in the soil survey, however, these soils lie along the U.S. Route 11 right-of-way and are not in the quarrying area. These areas will be used for berm construction and landscaping to screen the operations site. Being along Route 11, these areas would, in all likelihood, not be suitable for farming. The residentially developed areas along Route 11, the fairgrounds and Stonewall Elementary School all lie on Oaklet soils. The purity and consistency of the limestone deposits found in soil groups 6C and 7C, that underlie the subject properties, constitute the ideal geologic conditions for extractive manufacturing use. The characteristics of the identified soil types and any implications for site development are manageable through the site engineering process. Access/Transportation Public road access will be provided to the rezoned parcel. All traffic will continue to use the existing entrances on Brucetown Road, VA Route 672. It is not expected that the rezoning will result in an increased trip generation as production is a factor of demand and not available reserves. As no increase in trips would result, there is no requirement for a Traffic Impact Analysis. Initial discussions with VDOT indicate that the entrance configuration is adequate for anticipated traffic volumes. 11 9 Impact Analysis Statement Carmeuse - Clearbrook D. SEWAGE CONVEYANCE AND WATER SUPPLY The Clearbrook facility is served by a private system for on -site sewage disposal. No additional sewage facilities will be required by this rezoning. Industrial use water supply for the Clearbrook facility is obtained by quarry pit de -watering, which occurs through the mining process. This source will provide sufficient supply and pressure for the expanded mining use, to include dust control in and around the quarries. All de -watering activities will be performed pursuant to DMM requirements, and in accordance with the approved mining permit for the Clearbrook operation. Domestic water use is provided by on site private well under Frederick County Health Department permit. E. DRAINAGE The plan of operation/mine permit map is required to include a drainage plan subject to DMM review and approval. The drainage plan must address several items, to include the following: (a) the directional flow of water on and away from the site, (b) location and specifications of constructed drainage ways, (c) the use of natural waterways for drainage, and (d) delineation of the streams or tributaries receiving the discharge. Should the requested rezoning be approved, the mining permit must be amended to include the subject acreage, which will involve preparation of a revised drainage plan that ensures effective incorporation of the expansion area into the facility's overall drainage system. F. SOLID WASTE DISPOSAL Solid waste generated by employee activities will be collected in dumpster facilities and removed from the site by commercial refuse carrier. Solid waste will be transferred to the Frederick County landfill for ultimate disposal by said carrier. Waste resulting from mining activities will be placed in spoil stockpiles and within berms used for facility screening. The storage and adaptive use of spoils will be addressed through the approval process for the amended mining permit, and will therefore be required to meet all DMM requirements. G. HISTORICAL SITES AND STRUCTURES The result of the Phase 1 Archaeological Survey is that the subject properties to be rezoned to not have historical significance with the exception of the Martin farmhouse. In the development contemplated by the rezoning, Carmeuse has no intention of removing or affecting the martin farmhouse, and, in the long term, will put the farmhouse into adaptive reuse. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. BOUNDARY LINE ADJUSTMENT PLAT BETWEEN THE LANDS OF W. S. FREY COMPANY, INC., CEDAR LAND COMPANY, L.C. AND FREDERICK LAND COMPANY, L.C. STONEWALL DISTRICT, FREDERICK COUNTY, VIRIGNIA MARCH 12, 1999 _ o R7E I \ EXIT 321 INTERSTATE 81 O� R7E 11 z� CONRAIL RAILROAD vi %v � Z11- °' SITE 67; � 2 N VICINITY- 1 "=4000' OWNERS CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF W. S. FREY COMPANY, INC., CEDAR LAND COMPANY, L.C. AND FREDERICK LAND COMPIN ACCORDANCE WITH HSTHE DESIRESON THE COFPANYING PLATS, IS I THE UNDERSIGNED OWNERSTH , FREE CONSENT PROPRIETORS AND PROPRIETORS AND TRUSTEES, /F ANY. � ,, �l � W. S. FREY COMPANY, INC. BY'� � �/�I( President President of W.S. Frey CEDAR LAND COMPANY, L.C., BY.- Company, Inc'' meager o Cu1>Pany, L.C. FREDERICK LAND COMPANY, L.C., BY' `�1/lA ►1 15 `f2*—,'!esident of W.S. Frey ger - Cmipany, P.0 STATE OF VA ' AT LARGE CITY/COUNTY OF RL— — TO —WIT.' THE FOREGOING WAS ACKNOWLEDGED BEFORE ME, A NOTARY PUBLIC IN AND FOR THE STATE AND JURISDICTION AFORESAID, BYl)hT C IN MY START JUR/SD1C770N AFORESAID, THIS S T h DAY �1 /i 1Z OF - MY COMMISSION EXPIRES 1_, H Aa,,4. s M My Comm'.sslon Explres Oct. 10, 1M SURVEYOR'S CERTIFICATE I H£REBY CERTIFY WT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJU37ML7JT CONTAINS THE LAND CONVEYED AS FOLLOWS' P.I.N. JJ-A-140 THRU 143 AND J4-A-133 AND A POR77ON OF P.I.N. 33-A-1J9 AND 34-A-20 CONVEYED TO W. S. PREY COMPANY, INC. AS RECITED IN TH4r CERTAIN DEED OF CORRECTION DATED OCTOBER 30, 1962 OF RECORD IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY IN DEED BOOK 283 AT PAGE' 275. P./.N. 33-A-145 CONVEYED TO W. S fREY COMPANY, INC. BY DEED DATED ✓ULY 15, 1971 OF RECORD IN THE OFT7CE OF THE CLERK OF THE CIRCUIT COURT OF fREDERICK COUNTY IN DEED BOOK J79 AT PAGE 95. A PORRON OF PIN. 44-A-96 & 97 AND ALL OF 44 A-98 & 99 CONVEYED TO CEDAR LAND COMPANY, L.C. By DEED DAAJAY 15, 1996 OF RECORD IN THE OFROE OF THE CLERK CIRCUIT COURT OF fREDERICK COUNTY IN DEED BOOK 858 AT PAGE IJ99. OF 7NE 11# l PIN. JJ A-144, JJ-A-146 AND A POR77ON OF J4 A-11 CONVEYED TO TH OF fREOERICK LAND COMPANY, L.C. BY DEED DATED NOVEMBER 1, 1995 OF RECORD F,41' Yl IN THE 0 E OF THE ER OF THE CIRCUIT COURT OF fREDLRICK COUNTY INS DEED B 848 AT 6 �• APP AL 3 o las C. g Do gglas C. ge No. 001197 fR E K COUNTY DATE tgND sUR�E�o4 SUBOM N ADMINISTRATOR SKEET L OF 14 660 NORTH LOUDOUN STREET MARSH & L E G GE WINCHESTER, VIRGINIA 22601 PHONE: (540) 667-0468 Land Surveyors, P.L.C. FAX: (540) 667-0469 40 E—MAIL: mils©shentel.net L_J 93 1('G 1 1 68 � � N O R 1 1 0o 0R0G 1 �' 1 i -- r.__--.�--____-- - 1 1 -J t `~ V - 1 1 L� CSX O�ROM SHEET LAYOUT MAP BOUNDARY LINE ADJUSTMENT "—r" BETWEEN THE LANDS OF o r 1 �H OF Dr�G'r W. S. FREY COMPANY, INC., CEDAR LAND COMPANY, L.C. AND FREDERICK LAND COMPANY, L.C. `D"o as ge No. 001197 STONEWALL DISTRICT FREDERICK COUNTY YIRGlNIA DATE: 9/12/99 SCALE: i' =1500' `ate suit, $-to4 SHEET 2 OF 14 MARSH & LEGGE Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 PHONE: (540) 667-0468 FAX: (540) 667-0469 E-MAIL: mlls®shentel.net PIRggIPF,IItiq MATCH LINE TO SHEET 10 OF 14 P.I.N. JJ A-146i0 (467(517 V' �)R IRS PARCEL ONE PARCEL TWO � sEE NEW P.1. N. �2 z of y P.M.. 3� A-144 � BELOW 7A_ ^ _ 9 9 MATCH LINE TO SHEET 9 OF 14 r P/N- P.I.N. 33-A-146 R -� Dg 76 5 4z9 i P.I.N. 33 A-145` 4 -_ , r i i \ r r P./.N. 44 A-99 r i P./.N. 33 A-144 r r PARCEL TWO P.I.N. 33—A-144 ORIC. AREA=98.4847 ACRES I C ADJ. AREA=492.0896 ACRES a 60'INGRESS-EGRESS `r p i i EASEMENT HEREBY pp + i r CREATED � �u co i i PIN. 34 A-20 W. S. FREY COMPANY, INC. Q i I 2831275 v POST to lRE r / P.I.N. 34 A-249 ''/ HARRY S WiHIIE ✓R. 622/568 N 86'39'06" W / 1574.90' / / P./.N 45 A-1 / P.I.N. 45 A-8C W . S. fREY COMPANY, INC. MARK D. 290143J MON CHERYL L ANDERSON 85611460 BOUNDARY LINE ADJUSTMENT' N 0p BETWEEN THE LANDS OF TH W. S. FREY COMPANY, INC., `r CEDAR LAND COMPANY, L.C. AND FREDERICK LAND COMPANY, L.C. ° 9 as ge / rio. ooilg STONEI/ALL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 3112199 SCALE. 1 `=400' a t �'yD suR'qv" 4 SHEET 4 OF 14 N4N; 560 NORTH LOUDOUN STREET WINCHESTER, VIRGIRGINIA 22801 MARSH & LEGGE WI Surveyors, P.L.C. PHONE: (640) 6 -04698 Land Surve Y FAX: (640) 8870469 E-MAIL: mlls®shentel.net RQ111 PC, 1 1 7 1 MATCH LINE TO SHEET 8 OF 14 r + +� RAILROAD R/)S' � d i OB. 265 PG. 4292 i a � P.I.N. 44 A-97 � + r ,p + RAILROAD SIDING — -- _ — , I APPROX. PROPOSED +i RELOCATION OF RAF 636 ; rfi IRS P.I.N. 44-A-98 r r IRS a• L1 S (88.32) r, f FENCE LIN P./.N. 44 A-97 (31,68) CEDAR ZAAD COMPANY, L.C. ORIG. AREA=164.9055 ACRES IRS lu 1 AGV. ARE4=19.7880 ACRES ; �' �, PARCEL TWO a nit OI t Of, I I -17 MATCH LINE TO SHEET 7 OF 14 RAILROAD R/fy \� DB. 265 PC. 429 PARCEL TWO G P.I.N. 33 A-144 , \ ORIG. AREA=98.4847 ACRES ADJ. AREA=492.0896 ACRES APPROX. PROPOSED REZOCA7708 OF RTE 636 IRS IRS `---- y'` ^/ P.I.N. 44-A-96 E P051 by � MJ. L17 06 L ��. IRS ONCE LINE L10 102 ci --1 �o \ o, ~ 9 8I(93 1 PG 1 1 73 P.I.N. 44-A-96C P.I.N. 44A -96B VERLO & AILEEN 4 CUTSHAW A. k SUS4N J. CU7SHAW 748/380 5871290 548/195 m rn P.I.N. 44 A-964 GREGORY G. ROBERTS Z IRF L 105 L 10 572IJ72 ` POSE v 44 A-83 p P.I.N. J / / L 108 RUDOLPH C. & o FRANCES G.AW 77N P.I.N. 44 A-85 I tO 6041465 f0 RONALD W k L1 L111 ^� ,MICE F. NEFF POST L24 AND RANa4LL S. �4IRS 1 MON D/ANMA L. CUTSHAW L23 5871294 O —� � •� I I IRS '\ 11 � 30� /RF NEW TAX PARCQ Cl 44 A-96D CELZAR LAND COMPANY, L C. 12.1724 ACRES \\ \oX P.I.N. 44-A-96 \ \\,,a PARCEL TWO o P.I.N. 33 A-144 "` \ � m' OR/G. AREA=98.4847 ACRES \ m ADJ. AREA=492.0896 ACRES \ HATCH LINE TO SHEET 6 OF 14 BOUNDARY LINE ADJUSTMENT TH o Pf� BETWEEN THE LANDS OF W. S. FREY COMPANY, INC.,° CEDAR LAND COMPANY, L.C. AND 9 FREDERICK LAND COMPANY, L. C. o,s0C. ge STONEIXALL DISTRICT FREDERICK COUNTY, VIRGINLA DATE: 3/12/99 SCALE: f'=400' 19,y- b �ggo4 'i}`= SHEET 9 OF f4 MARSH & L E G G E WI WINORTH LOUDN STREET NCHESTER, VIRGIGI NIA 22801 Surveyors, P.L.C. PHONE: (540) 667-0468 Land Surve 40 Y FAX: (540) 667-0469 E-MAIL: mlls©shentel.net RKg I-RG 1 7 4 a O Z MON �YAnTIXS73UnV, p� � l IiDH MON C p O P./.N. 44 A-83 / W RUDOLPH G & FR,WOES C. MAR77N `ry 5041458 O Q L2.5' l Z� O � U.S. RTE 11 - VARMSBURG PIKE C6 MON O \ o z -a P.1.N. 44 A-97 PARCEL TWO P.I.N. 33 A-144 IRS ORIG. AREA=98.4847 ACRES , _�z9 IRS c3o DJ. AR54=492.0896 ACRES \ P.I.N. U A-146 * MATCH LINE TO SHEET 4 OF 14 BOUNDARY LINE ADJUSTMENT % TH OF BETYEEN THE LANDS OF D t W. S. FREY COMPANY, INC., E �`CEDAR LAND COMPANY, L.C. AND FREDERICK LAND COMPANY, L.C.1197eSTONEXALL DISTRICT FREDERICK COUNTY, VIRCINL4 DATE: 3112199 SCALE:1"=400' RVE�o4 SHEET 9 OF 14 WI NORTH LOUN STREET MARSH & L E G GE WINCHESTER, VIRGIRGINIA 22601 ONE:66 Land Surveyors, P.L.C. PH (6 0) )667704698 E-MAIL: mllseshentel.net 2 2� W. S FHEY COMPANY, INC. Z O 2831275 n � m Z nl C0�1L a � MON 015 P.I.N. 33 A -132 B�. IRS NEW TAX PARCEL / 6 "'. / J4-A-11A 01 132.1930 ACRES�� �. O P.I..N. 33 A-1.i3 W. S. fREY COMPANY, INC, o �1 28JI275 to L52 MON L57 MON L59 IRS L58 CIL RAILROAD YON SIDING / �- 40' RAILROAD RIW NEW P.I.N. DB. 272 PGG, 569 Inc �,� 33 A-166 COMPANY L.C. fREDERICK LAND CO PARCEL ONE IR <�5 V R. 4. 6663 ACRES NEW P.1. N. LJO IR Ih CIL RAILROAD 34 A-11A Ci SIDING IJ2.19,30 ACRES PIN. 33 A-146 RTE 672 - BRUCETOWN ROAD MATCH LINE TO SHEET 3 OF 14 BOUNDARY LINE ADJUSTMENT BETYEEN THE LANDS OF TH OF 11 W. S. FREY COMPANY, INC.,° r� CEDAR LAND COMPANY, L. C. AND FREDERICK LAND COMPANY, L. C. 9 -- i�0. s 00i1 7e STONEXALL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 3112199 SCALE: 1 `=400' �A'YD SURls 1 SHEET 10 OF 14 t1H+% MARSH & L E G G E WINCH S EA.R, VIRGINISTREET 22601 Surveyors, P.L.C. PHONE: (540) 667-0468 Land Surve Y FAX: (640) 667-0469 E-MAIL: mils®shentel.net E1(93 1 i'G 1 1 33 0 0 - P I.N. 34 A 87 COLLEEN E. CATER 77/741 i P.I.N. 33 A-133 W. S. PREY COMPANY, INC. \ 28J 275 ORIG. ARE4=60.6282 ACRES ADJ AREA =39.9084 ACRES IRS �62 .._. -- P.I.N. 34-1-8 L60 L61 IRS — '' i AMRY LANE LIGHT 7831407 IRS IRS J PARCEL ONE NEW P.1. N. �' L6 lRS 34 A-11A ; N 132.1930 ACRES 4 P.I.N. 34-A-10 IRS WILL IAM H. � D. �IRGINIA REESE IRS ,, 77011192 -- -- IRS IR L59 v O MATCH LINE TO SHEET 12 OF 14 BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF H� OF Dl�G'r W. S. FREY COMPANY, INC., o^,S,�H CEDAR LAND COMPANY, L. C. AND a FREDERICK LAND COMPANY, L. C. 0. Rig STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 3/12199 SCALE:1"=400' t�'yD SUMS�o4 SHEET II OF 14 WI NORTH LOUN STREET MARSH & LEGGE WINCHESTER, VIRGIRGINIA 22601 66 Land Surveyors, P.L.C. PFA : (6 0) )667704698 E-MAIL: mlls0shentel.net 11 OK931PG1178 MATCH LINE TO SHEET 11 OF 14 �� PARCEL ONE o NEW P. 1. N. 34--A--11A IRS �� 132. 1930 ACRES14 71 IRS IRS P.I.N. 34-A-10 WILLIAM H. & P.I.N..34 A-11 r D. l9RGINM REESE FREDERICK LAND COMPANY, L.C. ti 77011192 8461606 I ORIG. ARE4=214.9166 ACRES ! Altl. AREA =997768 ACRES � IR¢ _ L85_ L84_ ~ IRF IRJ P.I.N. 34 A-24F BETTY ANNE BUTLER W1807 P. L N. 34-A-24E KENN WARREN & PEGGY S. BUTLER 76JI1830 BOUNDARY LINE ADJUSTMENT NlvyT-"f BETWEEN THE LANDS OF � nLrH OF `r� W. S. FREY COMPANY, INC.,° CEDAR LAND COMPANY, L.C. AND FREDERICK LAND COMPANY, L.C. as oon e STONEIIALL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 3112199 SCALE:1"=400' t4&D SUR*4v�o� SHEET 12 OF 14 MARSH & LEGGE WI NORTH ESTE ,VIRGILOUDOUN STREET WINCHESTER., VII2GIIQIA 22601 Surveyors, P.L.C. PHONE: (540) 667-0468 Land Surve Y FAX: (540) 667-0469 E-MAIL: mlls®shentel.net • • bX93 1 t' 1179 UNE TABLE LINE TABLE NUMBER DlREC110N DISTANCE L f S 1171 �6" E 125.63' L2 S 1727'19" E f66.82' L3 S 15'21'fff" W 136.72' L4 S 4756'03" E 881.66' L5 S 44'4726" E 204.79' L 6 S 7133 Ol " E 25.32' L7 S 00'32'54" W 755.33' LB S 04'44'38" W 1870.59' L9 S 15'10:37" W 337.11' L f0 S 13'30 a4" W 938.21 ' L 11 N 7159'02" W 280.47' L 12 N 1T35'36" W 1160.84' L 13 N 7126'03" W 559.56' L 14 S 19 52 07" W 864.53' L 15 S OZ'24 Ll9" W 120.00' L 16 S 16'49 ;35" W 733 67' L 17 S 23"09'51 " W 42.33' L18 S 1T51'S3" W 197.80' L 19 N 79'06'18" W 473.96' L20 S 10'53'42" W 5.00' L21 N 79'06'18" W 1311.00' L22 N 22'13'12" W 711.99' L23 S 89;i5'34" W 50.46' L24 N 7245 47" E 99.42' L25 N 39'56 05" E 1968 61 ' L26 N 45'4158" W 1042.69' l27 N 39'5728" E 1186.10' L28 N 894636" E 1714.91 ' L29 N 35'2543" E 747.93' L30 N 23'!D'4B" E 849.25' L31 N 84 �5 41 " E 717.43' L32 N 84 42 05" E 100.00' L.�i S OS1755" E 30.00' L34 N 8442'05" E 150.00' L35 N 85'34'16" E 169.97' 136 S 44'1830" E 64.55' L37 S 00'29'09" W 43.43' L3B S 43'13;38" W 21.96' L39 S 464622" E 10.00' L40 S 43'13;38" W 577.31' L41 S 50'3748" E 195.16' L42 N .i8'2158" E 100.42' L43 N 46'4748" W 1146.21' NUMBCN DIRECT70N DISTANCE L44 N 43'1338" £_ 461.18' L45 S 46'46'22" E 10.00' L46 N 43'13:38" E 24.96' L47 N 2T41 '45" E 47.49' L48 S 86'13'49" W 43.98' L49 S 84%1205" IS' 250.00' L50 S 05"f7'S5" E 35.00' L51 N 88'32'29" W 304.26' L52 N 31:34'.3�3" E 664.93' L53 N 72'3B'08" W 674.92' L54 N 4Z'0323" E 56.81 ' L55 S 08'4756" E 483.98' L56 N 31:3625" E 282.35' L57 N 31'15'14" £ 769.82' L5B N 23'5025" £ 67.88' L59 N 312749" E 257.91' L60 N 322727" £ 190.71' L61 N 33'50'S0" E 348.95' L62 N 223228" E 1406.20' L63 S 75'2023" E 280.96' L 64 S f2'27'36" W 268.30' L65 S 76'4823" E 166.16' L66 S 05'2834" W 35B.07' L67 S 58°30:28" E 224.94' L6B S 710126" E 206.20' L69 S 30'32'33" W /411.95' L70 S 58'56.45" E 690.04' L71 S 30'3233" W 750.00' L72 S 14'12'D6" E 355:13' L73 S 30'32'33" W 72L6T L74 S 84'45'41" W 11bC25' L75 N 05'4342" W 222.93' L76 S 85'03'18" W 249.68' L77 N OZ'36 33" W 511.14' L7B N 213323" E 1282.60' L79 S 75'2023" E 670.00' L80 S 71'0126" E 547.35' LB1 S 56'20'26" E 193.18' L82 S 612726" £ 587.05' L83 S 60'46''26" E 531.84' L84 S 3100'06" W 938.99' L85 S 30'S322" W 1970.41' L86 S 30'0728" W 805.12' BOUNDARY LINE ADJUSTMENT BETiIEEN THE LANDS OF W. S. FREY COMPANY, INC., CEDAR LAND COMPANY, L.C. AND FREDERI CK LAND COMPANY, L.C. STONEWALL DISTRICT FREDERICK COUNTY, VIRGJNIA DATE: 3/12/99 SCALE: i"=400' SHEET 13 OF 14 �UTH �Vouvo. a"s/ ge ooils MARSH 8c L E G GE 560 NORTH LOUDOUN STREET WINCIiESTER, VIRGINIA 22601 Land Surveyors, P.L.C. FFAX: E�(540) )667704696 E-MAIL: mllseshentel.net LINE TABLE LINE TABLE NU,VBER LYREC710N 0/STANCE NUMBER DIRECTION DISTANCE NUMBER Oe/fo Tnn enf Radius Arc Chou/ Cl 06'05'43" 59.90' 1125.00' 119.88' S 142427" £ 119.82' C2 32'48 59" 89.81' 305, 00' 174.69' S 01'02'49" E 172.31 ' C3 63'17'43" 10788' 175.00' 19132' S 15'17'11" E 1B3.64' C4 12'18•!8" 125.81' 1166.30' 250.65' N 8.5'1528" W 250.16' C5 06'S6:i4" 100.09' 1650.00' 199.93' S 8T3550" W 199.81' C6 073526" 218.27' 3290.25' 435.90' N 35'09 95'" £ 435:58' C7 23'1538" 41.00' 199.18' 80.86' S 31:35'49" W 80.31' C8 10°45 J7" 24.41 ' 259.18' 48.67" N 3T50 -f,9" E 4bC 50' C9 09'03'17" 15360' 1939,86' 306.57' S 84'13'43" W 306.25' 010 05100101 " 81.88' 1874.86' 183.62' S 82'12 04" W 163.57' C11 19;1357" 129.32' 750.00' 256.11' N 567223" W 254.87' C11 08'1722" 29.65' 409.12' 59.19' N 42'18'43" W 59.14' C13 4372'08" 222.35' 559.19' 423.28' N 1C35'S9" W 413.23' 014 02'13'f0" 44.48' 2287.59' 88.95' N 06'1054" E 8894' C15 0,9'31;i7" 479.95' 5759.65' 957.69' N 3T17;i5" E 956.59' C16 23'11 '44" 124.05' 600.00' 244. L5' S 02'52 $6" W 242.98' C17 10'14'-!0" 1G1�09' 1150.00' 205.62' S Qi'40;36" E 2Q5:35' 018 10'S823" 553.23' 5759.65' 1103.07' N 2T0735" E 1101.39' Cf9 CXI'11 Zf" 3.20' 1939.86' 6.40' S B8'S102" W 6.40' 020 13'5T'06" 172.85' 1412.70' 344.00' N 86'04 �5" W 343.15' C21 1T11;39" 17633' 115630' 350.00' S 7959'18" W 34�69'rAk LEGEND IRF-/RON REBAR FOUND IRS=/RON REBAR SET MON=CONCRETE /.IONUMENT ------------ BOUNDARY LINE HEREBY VACATED o BOUNDARY CORNER BOUNDARY LINE AADJUSTMENT^^� NCH OF # BETWEEN THE LANDS OF W. S. FREY COMPANY, INC., CEDAR LAND COMPANY, L.C. AND FREDERICK LAND COMPANY, L.C. C0 age o. 001197 STONEA'ALL DISTRICT FREDERICX COUNTY, VIRCINIA DATE: 3/12/99 SCALE:1"=400' t'!`1'D sURV��o� SHEET 14 OF 14 MARSH 8c LEGGE 560 NORTH LOUDOUN STREET WINCHESTER, ViftGINIA 22601 Land Surveyors, P.L.C. PFAO}NCE:(6�) 0 69 )66776 E-MAIL: mlls®shentel.net LEGEND IRF-/RON REBAR FOUND IRS=/RON REBAR SET MON=CONCRETE /.IONUMENT ------------ BOUNDARY LINE HEREBY VACATED o BOUNDARY CORNER BOUNDARY LINE AADJUSTMENT^^� NCH OF # BETWEEN THE LANDS OF W. S. FREY COMPANY, INC., CEDAR LAND COMPANY, L.C. AND FREDERICK LAND COMPANY, L.C. C0 age o. 001197 STONEA'ALL DISTRICT FREDERICX COUNTY, VIRCINIA DATE: 3/12/99 SCALE:1"=400' t'!`1'D sURV��o� SHEET 14 OF 14 MARSH 8c LEGGE 560 NORTH LOUDOUN STREET WINCHESTER, ViftGINIA 22601 Land Surveyors, P.L.C. PFAO}NCE:(6�) 0 69 )66776 E-MAIL: mlls®shentel.net BK931PGI181 VIRGINIA: FREDMCK COtNlT% tt Thi etrument wrltlnp was Rroducad t m on t da of ! 19 at and with cortlllcalo of acknowledgment thereto annexed was Itted to record. Tax Imposed by Sac. 48.1.602 of S_ and 66.11.601 have boon paid, It assossabto. 464.— Tf"t , Clark pj • CURVE TABLE CURVE I ARC LENGTH I RADIUS I DEL7A ANGLE I CHORD BEARING CHORD LENGTH C1 1 1074.95' 1 .3779.80' ' 0" 0' LINE TABLE LINE BEARING DISTANCE L 1 S 72'45 47" W 99.42 L2 N 3B5 16" E 39.35' L3 N 5 J500" JY 1 559' TM 44-A-83 O-N MINERALS (CHEMSTONE)COMPANY INST. 080012432 EHCE I I STORY IR1.6' L3 IRS G r HIRE F STORY \ Y SHED \ \ FRAME SHED TIA 44-A-84 IAAX J. it 61ARGARET M. UMBENOUR \ \ DB 460 PG 477 \ DETAIL \ Scale: 1 "=50' LEGEND: CMF- CONCRETEMONUMENTFOUND IRF - IRON ROD FOUND IRS - IRON ROD SET WPP -WOODEN POWER POLE NOTES: 1. NO TITLE REPORT FURNISHED; THEREFORE, THERE MAY BE EXIST114G EASEMENTS OR ENCUMBRANCES THAT AFFECT THE PROPERTIES REPRESENTED BY THIS SURVEY THAT ARE NOT SHOWN HEREON. 2. THE BOUNDARY INFORMATION SHOWN HEREIN IS BASED ON AIJ ACTUAL FIELD RUIJ SURVEY COMPLETED DECEMBER 2, 2008, 3. HORIZONTAL ORIENTATION IS BASED Oil VA NAD 83 STATE GRID NORTH ZONE ESTABLISHED USING GPS METHODS. BOUNDARY SURVEY ��H o r,, OF THE LAND OF P L� 5f O-N MINERALS (CHEMSTONE) COMPANY 3004 MARTINSBURG PIKE STONEWALL MAGISTERIAL DISTRICT O D FREDERICK COUNTY, VIRGINIA DATE: 1Lic. No. 0011972/04/2008 Cover Sheet SHEET 1 OF 2 Marsh & Legge Land Surveyors, P.L.C. K,M'0�4° Suwj�'" 4* 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: CAJ PHONE (540) 657-0468 - FAX (540) 667.0469 - EIAAIL office@marshand!egge.com DWG NAME: ID8541-BS LEGEND: CMF- CONCRETEMONUMENTFOUND IRF - IRON ROD FOUND IRS - IRON ROD SET WPP -WOODEN POWER POLE NOTES: 1. NO TITLE REPORT FURNISHED; THEREFORE, THERE MAY BE EXIST114G EASEMENTS OR ENCUMBRANCES THAT AFFECT THE PROPERTIES REPRESENTED BY THIS SURVEY THAT ARE NOT SHOWN HEREON. 2. THE BOUNDARY INFORMATION SHOWN HEREIN IS BASED ON AIJ ACTUAL FIELD RUIJ SURVEY COMPLETED DECEMBER 2, 2008, 3. HORIZONTAL ORIENTATION IS BASED Oil VA NAD 83 STATE GRID NORTH ZONE ESTABLISHED USING GPS METHODS. BOUNDARY SURVEY ��H o r,, OF THE LAND OF P L� 5f O-N MINERALS (CHEMSTONE) COMPANY 3004 MARTINSBURG PIKE STONEWALL MAGISTERIAL DISTRICT O D FREDERICK COUNTY, VIRGINIA DATE: 1Lic. No. 0011972/04/2008 Cover Sheet SHEET 1 OF 2 Marsh & Legge Land Surveyors, P.L.C. K,M'0�4° Suwj�'" 4* 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: CAJ PHONE (540) 657-0468 - FAX (540) 667.0469 - EIAAIL office@marshand!egge.com DWG NAME: ID8541-BS • • �- —LOT 2 T6! 44-A-83A 2 0-11 MINERALS (CHE6ISTONE) COMPANY d/b/o CARVEUSE LIME k STONE I o o IR S 49°57'21" E 793.25'— . IRS r --- 0 0 r �^ N Lo — N O --O w I o Z oIV I LOT 10 S 52`28'54" E TAX MAP PARCEL u I.RS — -- - IIRF 44-A-83 u 249.43' O-N MINERALS �v _ (CIiEMSTONE) COMPANY m IQ c it INST.080012432_ h � N 38.1554 ACRES N O -p= C --1 rn A I N r? 1 STORY � BAR BLOCK METAL 0� b I STORY M , FRAVE It 0 IR STONE BARN I ST. GARAGE q 1 DRP(c01 � 1! STORY /STONE SPRINCHOUSE � �gp�rrl ..��; -�� � gu �y V ASPHALT LETAL SHED a1 ST. SHED � L- ST. SHED [FOR LIIJE &CURVE 2 STORY BLES SEESTONE De.ELLRIGA313004EET 1 OF 2 SEE DETAIL 1 STORY ` SHEET I OF 2 'VPP ❑ BLOCK SHED CL!F 7L3 \( of STSHED TATANKA LANE v IRS jr . — A`�L SURFACE) _ O 200 TM 44-A-84 7'' , 1',?P s N 53°02'4-4�- W'-67-'3—.17` - IRS \II/FU6!BENOUR_ �� TI.144-A-96D Tu 44-A-96A SCALE:1 =200 \ N/F FREDERICK LAND II/F ROBERTS-- 1T COMPANY, LLC to r _-E H Op BOUNDARY SURVEY�P OF THE LAND OF O-N MINERALS (CHEMSTONE) COMPANY 3004 MARTINSBURG PIKE ?97 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA U0�9 C DATE: 12/04/2008 SCALE: 1"=200' SHEET 2 OF 2 LIc. No. 00 Marsh & Legge Land Surve ors P.L.C. 'w ;° Sun��y y %1'4 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: CAJ PHONE (540) 667-0468 - FAX (540) 667.0469 - EMAIL office@marshandlegge.com DWG NAME: ID8541-BS 0 • U.S. ROUTE 11 MARTINSBURG PIKE (80' R/W) N 39°57'28" E 61.77' II b� G I— — — — — — r IRS cLIF II S T 0 11 E 11 A L L ACRES SU8DIVIS1011 1 I I I I 1r)(�I ( ,,,I LOTS LOT 4 LOT 3 LOT 2 LOT I y4 I I z II _ N 40°03'14" E I I 1'1RE FEtTCE I IRF �223.55' IRF (� r I ST. FRAIE BLDG. IIQ FRN'IE DRILLING FRAI,!E I I SHED -- — .J r� t11 c I ST. FRAME 4 i O& LIE14 BLDG. Ii'n TTa 44-A-83 TAX MAP PARCEL (� 0-11 MINERALS (CHELISTONE) COMPANY 1 44-A-83A m O-N M114ERALS o (CHEMSTONE) COMPANY 1�I d/b/.CARMEUSE 1 LIME & STONE I iINST.080012089 5.0000 ACRES `I II f Y ( _URE„FENCE �— IRS S 39°56'05" W 225.97' LEGEND: CMF - CONCRETE MONUMENT FOUND IRF - IRON ROD FOUND NOTES: IRS - IRON ROD SET 1. NO TITLE REPORT FURNISHED: THEREFORE, THERE ?JAY BE EXISTING EASEMENTS OR E14CUMBRANCES THAT AFFECT THE PROPERTY REPRESENTED BY THIS SURVEY THAT ARE NOT SHOWN HEREON. 2. THE BOUNDARY INFORMATION SHOWN HEREIN IS BASED ON AN ACTUAL FIELD RUN SURVEY COMPLETED DECEMBER 2, 2008. 3. HORIZONTAL ORIENTATION IS BASED ON VA NAD 83 STATE GRID NORTH ZONE ESTABLISHED USING GPS METHODS. BOUNDARY SURVEY OF THE LAND OF p�4p4TH 0#0010 Op O-N MINERALS (CHEMSTONE) COMPANY d/b/a CARMEUSE LIME & STONE 3180 MARTINSBURG PIKE s ? STONEWALL MAGISTERIAL DISTRICT FREDERICK D COUNTY, VIRGINIA L1c. No . 00 � �197g a 0r1911000# DATE: 12/04/2008 SCALE: 1"=150' SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.C. uwj'- 560 14ORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: CAJ `'— PHONE (540) 667-0468 - FAX (540) 667.0469 - EI.WL office@marshand:egge.com DWG NAME: ID8541-BS2 0 0 O 08(,,,12432 ry s-- DF, n NNTI 11 RESERVATION OF LIFE, ESTATE I I W) I )I I I ) \VI I I I RI-SkRVA I ION W I.II I I-ti l :\ I E. made and dmcd this 20 11:1\ ,11 20118 h\ and hcl\\ccn I K \N(T. (i \IAR I IN. hereinafter relerrcll t') i< 6P \\•I ( W :111:1 ()-\ :MINJ R:\I ` WI II \11� I ( )\.I i ('( )\III \til'. hcrclnaker rctcrr_u to .,° ( A A I H \\III'll stil III. 111,11 !.,1 :1n,1 In C:ons1dcrlf ill of the smn of Icn I)Idbus (SIOAM) cwh in ha d pxd. and 111,'1=,����; a11�: \:1111;11`I�' ct1lltilli�i:II1,1i1�. Illy I'cCeipf i11 ,tll ��I \\hlcll ;, lll'Ieh\ aCkll,l\\Icl1��_1. I1;r�h\ gl:jnt, I\;11 a111, con\",:CInd sell \\Ith (Icncl'al \\arrant\ of in1c. im!,, the (ir,uli;c. in 1cc simple. the I611, \\ing dc�,clihcd real estate. \011 appurtenances thcrcunt'' \I 1 I I I:\ I (1-k I'.\I\ I„I ur parcel upland. containing 43 acres. mllre ur and more ct1111nwilk- klho\\I1 it.,, 3004 MaHiI15h1-11'L Pike. Stellhen,111. lying and being ;itualc along the eastern .side of I'.S Iligh\\a\ ! !. :1h,.ut 11\c ( 5 1 nljlcs north of \\ inchcacr. In the stOne\\all \I,l�i�!cli:ll OI>Irtl'I 01 l rcJrrlck (aunt\• Vinumia. and being a p,Ir wn �1 Ln1,\\ n as the 11 \ In If /inn 1 urnl 11 r Li COO. \ � ':W": �_ .!i'•".i'':�'1 � � (,`fl IIL41 gill Ri•turn L. h,�III,U �I ,:,rc I ,1tl,r`n. I ,ylnlc WAhc,lcr. kA „till1 (iI•mtees Addreiv O-N NIitmaI, ( hcnut, ncI I I !%Ilm I\ St.. 11'1' I luor I'iwbur h. PA I>22-' • • O fN C1-1 O ;A\I) 1;H\(; the ",urlc prllpert\ c(ln\e\.Ckt from k(ldl'lph C. Martin and i I;ulle,� ( I Martin fit Rudolph ('. Martni and I:r;11)cc,,( I %martin h\ f)eed d;tled (1CI,Iher H. 111M5, and rcctwdCd in the (HALC of the (leek Wr file ( imun ( tmn Illr I udenck (,1 nul. \AI!'llllll I" I ICCti it"? 6(W. ,if 02, 408 I a\ \lap 'On VAN !•' 'I,!.-HCe I helel)\ m1dc to the ;itllresaid instr11mcills and the aItachment", and rC1elencv ' I I c I e I I l C011I;IiIIcd I a IIIIIhCI a11d 1111're particlllal' IiescrIplioII of 111e prtlpcvt\ II,:rCll\ ':-,n'• , I I'I'< e„il\C\Ulll'. IS nmde tillhic,l to all dill\ !'CCI,rdC,l and CIII,'rCCai l iCl. 111,"I!,1I1, III '. ,Ill,i 'I!'I;1" (I \\a\. l I!;!Ioov hot,I)% IC1,C1\C, 111110 hot -,CIi. Jnd (IranICC al'1'000 10 allW\ :t I11e l'�l::l_ 11) and h� ti ^l'I"Ii,'ll 11 iI1C I II h fl\ font:lining till' old Stonc hllll"l'. !hl' parking area illl,l fill\C\\;l`• 11i,i ;I 'iiK-d on the attached ;Ind incllrpnraled plat ("Douse pl,rlil,n. �,.Iid !,' t't%it inn lIt 111c If to Cslall' k'41111CCI 10 the I011(1\\'IIIL' Cil\Cllallls all,l CIIlilll„I:� tir.tnlee I I : I " the right I ICllleaIC the dri\c\\,I\ and parking area "I' !11, 11I'ul:e I', II1, 1. Sl, .,'lit' II IVIl ins C,III\enit.-m I,'I- 111C 11W 111 file (irallll'1: (II,IIII� CllIIII;I11C,I Illlh;llll\ (,t Illy 11,MSC I',1111,III \\I.I III If Illte;Iere \:ill ( ',:iil.e S I,i� i!I ;ile I'1„I�l'I'I\ \\Ill�ll Illl'llldl'S hilt IS Ilh( III1111Cd I„ Illllllll`' Illlllhl',�', ( tl,llll,i' Shall I)(11 colI %e\ . ,1��1'-'Il (II UthCI I". do i,,c tit 1111' Il le C i;tl: 1, .l:l' ll; !r.d 11,' 'I l','lll:; 11?.Ill l 1l11,t„r IflxII":Cup\ the I It,IISC I't'lllllll. -1 1 r.,,l!,'r- .1,h ldl remain resp(lnsihle for all nlainlcn,mce and utilit:c- ,M .Ile I Illll,e ;', I!', " rCllialll Iesll,,!Isthll' t„I 111 re;l"t)lm llc CNICI'It'I' nl;llll!l'tla!1!' ;tlld !l.';l III- olI I!IC Ii,'(! e Ii„1'll,)!! Unless e\IClltlr djIll,t�-IC IS Cittisni hl (Ir;lllIMr Or ho. 1;111111\ r \I)11, 1 !!1 (ilantly �h;dl he t-Csp„nsihle Im. said Ilrli immille and repair. It the H„u,e CD N) (-n tIdl., Ii:1 , I :rant:,: lix, iht ii:+I it, make III\ ncccs>at% tepair, Iind !1111 (I:A1I1()I 1W I)c I'L M Said rehab" 11.1111L'i: II.I., the ri hl to mspci,i dic home hill will makc evvi-I, allcillpt 111 !! ('11,1111(ir xacall" 111C Hklwt c Portion 1l't licalih cart' jcxmw,; (,I if I"! . ,Vk' - 11110 :111 'Jssl�'Icd It\ mi! I*dt lilt III I It I I ',I I I L' Ili I I I I L ' I ) I "I W i C III I pi . , .. ! . :. .11 1 ;t \ '!C'tIi:-' !]It: 11, 'It"L. I" )111011 1,01, 11101 c Ili, III "Il'. 111111(11-Cli I I r - ) I t 1 L I � ' . i . c , : ! .I I I ;! I!, )I I 1a I I., . I I I \ ex r :I Ili I Grontoi slmll !111• 1.11,111 lo \oIllili'llik fcrlllill;llc hei III , c t.­;tlltc III !Ill., ')I*thi:' lift, t 1111d �C:lk: (ill III\ I ( W \1 Ill t)l V11"(1 IM It ,I V:t e Ocipff 104 0 GRANTLF.: o NJ cn rl") C-- ()-NNIINFRX(si—((zlti-il IS ONT)CORV(W)All()� Kv\ iil,%\ ]I\ tv I --- � I t I i, " I -.. J \ 1 ! I ) I ! I I '\, 1. " ) I \' .\.%, !.,\ wa., ac k I I I ck 1: - c cl bc 1'0 re Inv till 14K !tLPISYLVANIA ronycounly 2n, 10 _j ')f Nvor.eq 7 • 0 I 090000187 DEED OF CORRECTION THIS DEED OF CORRECTION, made and dated this `� day oft�-�- " 2008 by and between FRANCES G. MARTIN, hereinafter referred to as GRANTOR, and 0-N MINERALS (CHEMSTONE) COMPANY, d/b/a CARMEUSE LIME & STONE, hereinafter referred to as GRANTEE. WITNESSETH: WHEREAS, by deed with reservation of life estate dated October 29, 2008, and recorded in the Office of the Clerk of the Circuit Court of the County of Frederick, Virginia as Instrument No. 080012432, the Grantor conveyed certain real estate described as Frederick County, Virginia Tax Map No. 44-A-83 to the Grantee; which Grantee was erroneously described in the signature block as 0-N MINERALS (CHEMSTONE) CORPORATION; and WHEREAS, the parties wish to correct said error and to properly describe the name of the Grantee; and WHEREAS, the parties with to more specifically describe the legal description of the property. NOW, THEREFORE, the Grantee is described as 0-N MINERALS (CHEMSTONE) COMPANY, d/b/a CARMEUSE LIME & STONE and the legal description is more specifically described as follows: Beginning at an iron rod set in the easterly right of way line of U.S. Route Document prepared by: Thomas Moore Lawson, Esquire P.O. Box 2740 Winchester, VA 22604 Tax Map No. 44-A-83 Consideration: S1,650,000.00 Return to: Thomas Moore Lawson, Esquire P.O. Box 2740 Winchester, VA 22604 Grantees' Address: 0-N Minerals (Chemstone) Company, d/b/a Carmeuse Lime & Stone I I Stanwix St., 11`s Floor Pittsburgh, PA 15222 I W O 11 (Martinsburg Pike) at the northwesterly corner of the Umbenour land; thence running with the said right of way line of Route 1 I with a curve turning to the right (with an are length of 1074.95 feet, a radius of 3779.80 feet, and a chord bearing of N 30' 42' 45" E, with a chord length of 1071.33 feet) to an iron rod set at the southwesterly corner of Lot 10 of Stonewall Acres Subdivision; thence running with the southerly line of the said Lot 10, S 52' 28' 54" E a distance of 249.43 feet to an iron rod found; thence running with the easterly line of the said Stonewall Acres Subdivision, N 40' 03' 14" E a distance of 759.22 feet to an iron rod found at the southwesterly corner of Tax Map Parcel 44-A-83A, being the land of 0-N Minerals (Chemstone) Company; thence running with the southerly line thereof, S 49' 57' 21" E a distance of 793.25 feet to an iron rod set in the westerly line of Tax Map Parcel 33-A-144, being the land of 0-N Minerals (Chemstone) Company; thence running with the westerly line thereof, S 39' 56' 05" W a distance of 1742.64 feet to a concrete monument found; thence continuing with another line of Tax Map Parcel 33-A-144, S 72` 45' 47" W a distance of 99.42 feet to an iron rod set in the center of Tatanka Lane; thence running with the center of Tatanka Lane, N 53' 02' 44" W a distance of 673.14 feet to an iron rod set at the southeasterly corner of the aforementioned Umbenour land; thence running with the said Umbenour land for the two following courses: N 38 57' 16" E a distance of 39.35 feet to an iron rod set; thence N 51' 35' 00" W a distance of 145.59 feet to the point of beginning. Containing 38.1554 Acres WITNESS the following signatures and seals: [SIGNATURES ON FOLLOWING PAGE] 0 • • GRANTOR: 9,o�s 4 n FRANCES G. MARTIN COMMONWEALTH OF VIRGINIA CITY/COUNTY of%ldP�_?�k , to -wit: The foregoing instrument was acknowledged before me this QPc 2008, by FRANCES G. MARTIN. My commission expires Registration No. D� I /l� l day of - 1)0, 4j� Notary Public • GRANTEE: 0-N MINE LS ( IMSTONE) COMPANY, d/b/a CARMEUSE LIME & STONE By: Kevin Whyte Its: Vice President General Counsel STATE OF PENNSYLVANIA CITY/ OUNTY f to wit! The fgoing instrument was acknowledged before 2008, by Kevin Whyte, Vice President General 4viOZCOMPANY, d/b/a CARMEUSE LIME & STONE. My commission expires Registration No. me this Y/A�day of Counsel, O-N MINERALS �,' NOPublic Al COMMONW L 0F•PENNSYLV IA, : N o T, R I A_i-. 3..E A i.'.. KAREN L. I,IMt . NOTARY PUBL�i _ City of Pittsbukh,'0;Sheny Court MY cowAISS16N EXPIFt'ES7�R. VIRC�INIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on to all and with ccrtificatc anexe cknowimge�d bytScce581 802of was admitted to record. fax Po and 58.1-801 have been paid, if assessable. Clerk 6�__a 19 j4a--� • • 080012989 DEED I'HIS DEED, made and dated this 12th day of November, 2008 by and between RAY A. TOMBLIN and JACK ROBERTS, TRUSTEES for MADISON LODGE NO. 6, INDEPENDENT ORDER OF ODD FELLOWS, hereinafter referred to as GRANTOR, and O-N MINERALS (CHEMSTONE) COMPANY, d/b/a CARIvMEUSE LIME & STONE, hereinafter referred to as GRANTEE. WHEREAS, by Order of the Circuit Court of Frederick County, Virginia, dated November 12, 2008, Ray A. Tomblin and Jack Roberts were appointed and confirmed as Trustees for Madison Lodge No. 6, Independent Order of Odd Fellows, and were given authority by the court pursuant to Section 57-15, of the Code of Virginia, 1950, as amended, to convey the following real property, which Order is attached hereto and made a part hereof. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable considerations, the receipt of all of which is hereby acknowledged, Grantor does hereby grant, bargain, convey and sell with General Warranty of title, unto the Grantee, as tenants in common, in fee simple, the following described real estate, with appurtenances thereunto pertaining, to -wit: O O un ALL THAT CERTAIN lot or parcel of land, containing 5 acres, more or less, and more conunonly known as 3180 Martinsburg Pike, Stephenson, Virginia, lying and being situate along the eastern side of U.S. Highwa'y% llocuntcnf t prepared by: Return to: � 1 t � �,, C 1 ,�/�J Thomas Moore Lawson, Esquire 'Thomas Moor awson, Esquire Post Office Box 2740 Post Of ox 2740 Winchester, Virginia 22604 W' tester, Virginia 22604 Tax Map No. 44-A-83A Consideration: 6ty' 1.50000 Gt 15 5 ac 4 C24 . �.O 21 O O Grantee's Address: O-N Minerals (Chentstone) Company, d/b/a Carmeuse Lime & Stone I I Stanwix Street, 10h Floor Pittsburgh, PA 15222 1 i tMb"'r 0� - _3 q 1�� No. 11, about five (5) miles north of Winchester, in the Stonewall Co Magisterial District of Frederick County, Virginia, and being a portion of what is known as the Irvin H. Zinn Farm. CD rn AND BEING the same property conveyed from Frances G. Martin to David F. Williams, Trustee for Madison Lodge No. 6, Independent Order of Odd Fellows, by Deed dated November 6, 2000, and recorded in the Office of the Clerk for the Circuit Court for Frederick County, Virginia. Tax Map No. 44-A-83A Reference is hereby made to the aforesaid instruments and the attachments and references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements, and rights of way. Grantor covenants that it has a right to convey said property to the Grantee; that it has done no act to encumber said property; that it will execute such further assurances of title to said property as may be requisite; that it is seized in fee simple of the property conveyed; and that the Grantee shall have quiet possession of said property, free from all encumbrances. WITNESS the following signatures and seals: [Signatures on following page] 2 C E COMMONWEALTH OF VIRGINIA RAY A. TOMBLIN, TRUSTEE MADISON LODGE NO. 6 INDEPENDENTORDER OF ODD FELLOWS CITY/COUNTY of FYedeY1Cy_ , to -wit: The foregoing instrument was acknowledged before me this . day of _NNe�ber , 200 & by RAY A. TOMBLIN, Trustee for Madison Lodge No. 6, Independent Order of Odd Fellows. 1�t/,1/1111fffff �• NOTARY �G L My commission c>pre� REG #6LIC 71 5256 Registration No. = ; my COMMISSION: ��r�'•,12/31120ALTVA COMMONWEALTH OF VIRGINIA A ota 'ublic JACK ROBERTS, TRUSTEE MADISON LODGE NO. 6 INDEPENDENTORDER OF ODD FELLOWS CITY/COUNTY of f C l ey , to -wit: The foregoing instrument was acknowledged before me this 13 'k) day of (AN�2MV_r _, 2003, by JACK ROBERTS, Trustee for Madison Lodge No. 6, Independent Order of Odd Fellows. ,1,1,11111#of/fff, K. ,�. •NOTARY • •. G PUBLIC •: N My commissione`#(pi5� Registration Nat ,,AycoMMISSION p EXPIRES �'•,12J31120A; �Q)� 'f 1/1u111N1 c tar*Pu • • s• VIRGINIA: IN THE CIRCUIT COURT OF FREDERICK COUNTY RE: Madison Lodge No. 6, Independent Order of Odd Fellows, lr Petitioner. Civil No. C ORDER THIS MATTER came to be heard on the Motion of the Board of Madison Lodge No. 6, Independent Order of Odd Fellows that Ray A. Tomblin and Jack Roberts be appointed as Trustees of the Lodge and the Trustees of the Lodge be granted leave to enter into, execute and deliver a Deed conveying a parcel of land in Frederick County designated as Tax Map No. 44-A- 83A to O-N Minerals (Chemstone) Company, d/b/a Carmeuse Lime & Stone, a Deed purchasing a parcel of land in Frederick County designated as Tax Map No. 65-A-176 from Kay Mor, Inc. and Debra J. Ritter (f/k/a Debra J. Toms), and a Deed purchasing a parcel of land in Frederick County designated as Tax Map No. 65-A-177 from Michael L. Strawderman, Jr. IT APPEARING to the Court that the Petition should be granted, it is therefore ORDERED that Ray A. Tomblin and Jack Roberts are hereby appointed as Trustees of Madison Lodge No. 6, Independent Order of Odd Fellows and the Trustees of Madison Lodge No. 6, Independent Order of Odd Fellows are hereby granted leave to enter into, execute and deliver the Deeds as described above. • 0 ENTERED this /zay ofALL,,/"..2008. I ASK MR THIS: Thom Nfoevs- on, squire Virg' State Bar o. 283 LAWS N AND SILEK, P.L.C. P.O. Bo 2740 Winchester, VA 22604 Phone: (540) 665-0050 Fax: (540) 722-4051 Counsel for Petitioner VIRGINIA: FREDERICK COUNTUCT. This instrument of writing was produced tome on at and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of S-103.6o, and 58.1-801 have been paid, if assessable. Judge A Copy Attest: Frederick County Circuit Court Rebecca P. Hogan Clerk by Deputy Clerk 0' . i t , �j ���FRICY, I 46e4- , Clerk 2 CD W 41,00006059 M DEED OF CORRECTION This deed is exempt from recordation taxes pursuant to § 58.1-810 of the Code of Virginia, 1950, as amended. Tax Parcel 9 34-A-I IA and 33-A-144 Original Consideration: $1 720,000.00 THIS DEED OF CORRECTION, made and entered into on this the 18th day of June, 2010, by and between W. S. FREY COMPANY, INCORPORATED, a Virginia corporation, FREDERICK LAND COMPANY, L.C., a Virginia limited liability company, parties of the first part, GRANTORS, and O-N MINERALS (CHEMSTONE) COMPANY d/b/a CARMEUSE LIME do STONE and successor in interest to GLOBAL STONE CHEMSTONE CORPORATION, a Delaware corporation, party of the second part, GRANTEE, whose address is 11 Stanwix Street, 1 Ph Floor. Pittsburgh, PA 15222; WHEREAS, Cedar Land Company, L.C. was previously identified as a Grantor in the Deed conveying these parcels, and Cedar Land Company, L,C. Subsequently conveyed its interest in its remaining properties to Frederick Land Company, L.C. pursuant to Deed dated December 29, 1999 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia at Deed Book 955, Page 991; and WHEREAS, Global Stone Chemstone Corporation was previously identified as a Grantee in the Deed conveying these parcels, and 0-N Minerals (Chemstone) Company is the successor in Document prepared without the benefit of title examination by: Thomas Moore Lawson, Esquire P. 0. Box 2740 Winchester, VA 22604 Tax Map Nos. 34-A- I I A 33-A-144 Original Consideration S1,720,000.00 Return to: Thomas Moore Lawson, Esquire P. 0. Box 2740 Winchester, VA 22604 Grantee's Address: O-N Minerals (Chemstone) Company d/b/a Carnicuse Lime & Stone l l Stanwix Street, I I'" Floor Pittsburgh, PA 15222 • 0 O W M LD interest to Global Stone Chemstone Corporation and is now doing business as Carmeuse Lime & Stone; and WHEREAS, a series of boundary line adjustments resulted in the creation of several new lots and the assignment of new Tax Parcel Numbers as well as the retention of the original Tax Parcel Number, and WHEREAS, Frederick County, Virginia incorrectly merged/adjusted the Tax Map Parcels as described in the Deed of Boundary Line Adjustment and accompanying plat recorded in the aforementioned Clerk's Office on March 12, 1999 in Deed Book 931, Page 1167, and WHEREAS, by a corrected Deed dated March 18, 1999 and recorded in the aforementioned Clerk's Office in Deed Book 934 at Page 1838, the Grantors conveyed the hereinafter described real estate to the Grantee which real estate was erroneously described as including Tax Parcel Numbers 44-A-97 and 44-A-98; and WHEREAS, the convey�uice was only for Tax Parcel Numbers 34-A- I I A and 33-A-144; and WHEREAS, the parties wish to correct said errors and to properly describe the conveyance. NOW, THEREFORE, in consideration of Ten Dollars ($10.00), the receipt of which is hereby acknowledged by the Grantors, the Grantors do hereby grant, bargain, sell and convey with GENERAL WARRANTY OF TITLE unto 0-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone and successor in interest to Global Stone Chemstone Corporation, the following described real estate, to -wit: SEE EXHIBIT A ATTACHED IED HERETO 2 CO W -J Q TOGETHER WITH THE above land and all buildings and other improvements located thereon, together with all the rights of the Grantor in and to all easements, rights of way, pen -nits and other rights, if any, appurtenant thereto, together with all right, title and interest of Grantor whither now or hereafter existing in and to (i) any land lying in the bed of any street, alley, road or avenue or other roadway (whether open, closed or proposed) within, in front of, behind or otherwise adjoining the land conveyed hereby, (ii) any air rights, water and other riparian rights, all minerals, oil, gas and other hydrocarbon substances, and (iii) any award made or to be made as a result or in lieu of condemnation. Grantor and Grantee, by execution hereof, acknowledge and agree that the L55, C17, C16 boundary line for that certain portion of the boundary line across the parcel of land identified in "Exhibit B" which is attached hereto and incorporated by reference herein is the center line of the railroad siding. In the event the Grantee, its successors or assigns relocates the railroad siding on its property so as to create additional property between the center line of the relocated railroad siding and the old boundary line as is shown on the attached plat, the parties agree that the boundary line shall be adjusted to add the additional property created by the relocation and reflect the center line of the relocated railroad siding at no additional cost to the Grantor. This conveyance is made subject to all covenants, restrictions, conditions, rights of way and reservations of record and affecting the property conveyed. This Deed may be executed in counterparts. WITNESS the following signatures and seals: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) O w -J W.S. FREY COMPANY, INCORPORATED, a Virginia corporation By: Paul D. Welsh, Jr. Its: Secretary State/Commonwealth f PIq City/County of &Z--c , to wit: 1, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that this day personally appeared Paul D. Welsh, Jr., being the duly authorized agent of W.S. Frey Company, Incorporated, a Virginia corporation, which Company is one of the Grantors, before 1 n said Jurisdiction, whose name is signed to the foregoing Deed bearing date of the�P ay of m2q, 2010, and acknowledged the same to be their act and deed. GIVEN under my hand and seal this (x d` y of , 2010. (SEAL) Notary Public My commission expires..3������ Registration No.: r5m LTH OF PENNSYLVANIA l Seal , Notary Public ork County Myes March 30, 2014 Member, PennsAvanla ASSodatlon of Notaries 0 c�a N W � � [ � r-W f . F;9111 A FREDERICK LAND COMPAN , L.C., a Virginia limited liability company By: William S. Frey, Jr. Its: Manager State/Conunonw 1 of City/County of - d to wit: I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that this day personally appeared William S. Frey, Jr., being the Manager and duly authorized agent of FREDERICK LAND COMPANY, kl&�Jfbre me in s id jurisdiction, whose name is signed to the foregoing Deed bearing date of theiay of , 2010, and acknowledged the same to be their act and deed. 4VEN under my h nd and seal this��y of 2010. 2 (SEAL) Notary Public My commission expire s5j�K— O (Ll Registration No.: �- COMMONWEALTH OF PENNSYLVANIA Notarial seal Susan A. Homer, Notary Public City of York, York County My Commission Exp!res f4arch 30, 2014 Member, Pennsvivania Assodatlon of Notaries 0 C�J Grantee joins in this instrument solely to evidence its consent to the terms relating to the boundary line relocation contained in this Deed of Correction. .M 0-N MINE LS (CHLAISTONE) COMPANY d/b/a Carmeuse Lime & Stone and successor in interest to Global Stone Chemstone Corporation, a Delaware corporation By: Ke\4.,n J. YJh t� Its: G�eraI (ODSel 4 V p State/Commonwealth of _7+Li City/County of ) to wit: I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that this day personally appeared �� being the duly authorized agent of O-N Minerals (Chemstone) mpan d/b/a Carrneuse Lime &Stone and successor in interest to Global Stone Chemstone Corporation, a Delaware corporation, the Grantee herein, before me in said j risdiction, whose name is signed to the foregoing Deed bearing date of the �` day of 2010, and acknowledged the same to be its act and deed. GIVEN under my hand and seal this /9 Cr, day of , 2010. g COMMONMALTH OF PENNSYLVANIA (SEAL) Erne E. Tam Nci rnry w", C&y Ot hU wrQ Mao" County Notary Public MYConxni%SWE�*ftAu,.30,2010 FAomber, P"nsYt"a A%oCU w d Notarios My commission expires: Registration No.: 1. P 11��3b�1 C) CJ -J EXHIBIT A All those certain pieces or parcels of land situate; lying and being in Frederick County, Virginia, wid being more particularly described as: PARCEL ONE and PARCEL TWO as shown on that certain plat dated March 12, 1999, by Marsh & Legge Land Surveyors, P.L.C., and entitled "Boundary Line Adjustment Plat Between the Lands of W.S. Frey Company, Inc., Cedar Land Company, L.C. and Frederick Land Company, L.C." recorded with a Deed of Boundary Line Adjustment dated March 12, 1999, recorded in the Land Records of Frederick County, Virginia in Deed Book 931 at page 1 167. Tax Parcel Numbers: 34-A-I I and 33-A-144. 0 C0 W. S FREY COMPANY, INC. 26JI275 a ,� 0 1lON !R� C15 P.I.N. J -A-1J2 s N£{Y TAX PARCEL 7RS C 1 Cl �34-A-1 fA '1/6 132.19JO ACRES row, 1Y. S. fN2BJ 275ANY, INC. o L52 blON L57 AlON L59 IRS L58 CIL RAILROAD RON SIDING c- ,(` 40' RAILROAD RltY NDY P.I.N. OR 272 PC. 569 JJ-A-166 FREDERICK lAfvu c mt -ANY, L.C. PARCE!_ ONE 4. 666J ACRES NEW P. l N. I �� CIL RAILROAD 34 —A — 1 1A SIDING 132. 1930 ACRES �29 �'�, , P.LN. JJ-A-146 Ltu� RYE 672 - BRUCETOWN ROAD MATCH LINE TO SHEET 3 OF 14 BOUNDARY LINE ADJUSTMENT �kArH of ## BETWEEN THE LANDS OF ciP L W. S. FREY COMPANY, IM., `rq CEDAR LAND COMPANY, L, C. AND FREDERICK LAND COMPANY, L.C. �No. 001197 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA DATE, 3/I2/99 SCALE: C=400' t4'yD suftgv o SHEET 10 OF 14 �f�+t444 1 560 NORTH LOUDOUN STREET .L..� MARSH & E G G E WINCHESTER, VIRGINIA 22601 PHONE: (540) - Land Surveyors, P.L.C. YAx: (54 IF)"BIT --- E-MAIL: MIN . 8 )AIKUNIN FREDF-RICK WUNFY.5CT• 'Do instrument of writing was produ,,ed to me on and µ•irlr cxrii(icat,2 tftere o annexcd watt "Minii(ed to record. 'I't►x irri4wscd (�Sy Sec. S&I V2 of t and sK. S -8W wvc been paid, if assessable. 4� , Clerk 1�1 ViewDetail Page I of I Real Estate Public Mph- Ticket Detail. 2010 REAL ESTATE TAXES 'riowt nw:V, suo: Name:10-N MINERALS (CHEMSTONE) COMPANY Accou n tfl: 18947 Name 2:ID/B/A CARMEUSE LIME & STONE ... .. ......... Address; 1,.1-1-.ST.AN IX..ST-l..lT.H..FL....,,.. Description: F43.00 ACRES JPITTSBURGH PA .. ........ 15222 ICPP#12-00 FRATERNAL LODGE Bill Due Date: 12/06/2010 Land: $396,000 Improve: $103,900-1 Use: Minerals: $1,274.74-i Acres: 43.01' Original Bill:j $1,214.74 Paymenis- Penally Paid: i flit 11"lid: 0 ..12/03/2010:f Amount Other: Last Date: Total Owed: Penalty: Interest: Note that if payment has been received Within the last 10 bLINifiesg days. any returned items may not be posted at this time. Please check the website again. )Laic Type Tramlletion tt Amomit Balance 12/5/2010 Charge 0 $1,274.74 $1,274.74 12/3/2010 Payment 15562 ($1,274.7,1) 50.00 Use the ar. it kw key for your browser to print a copy of taxes paid for this = ye I -1V littps:HtEtxes.co.fi-ederick.va.iislApplic,,itioiisIREPublicliiqLiii-ylViewDet,iil,aspx 2/22/2011 ViewDetait 0 0 Page I of I Real Estate Public Inquiry Ticket Detail 2010 REAL ESTATE TAXES Dcpartnicnffl!RE9.1q6. Ticket 9: 282210002. FIZQ:F SUI)Ih Name; [C--N--(C—HEMSTONE)CODIB/ACARMEUSE Account#:F9661 Name 2:1LIME & STONE Map#: 144 A 83A Address: jj.jSTAN IXST11THFL 5.00 ACRES . ... . ... ... Description: ....... ........ 1PI.TTS,B.U.R-G.-H,.PA.,.-..,-.---. ..... Bill Datc:P/05/2010 DueDntc: [�0612010., ........ .... I ....... Land: Improve: use.. Minerals: original Bill: $489.60 pavilients: $489.60-: Acres: 5,00:' Penalty Paidd. i I lit Paid: i : Aniount Owed:1— other: Last Date: 12/03/2010 Total Owed: Penalty: Interest: Note that if pc-I,N'111eill has been received within the last 10 business days. nny returned items only na not be posted at this time. Please check the wobsiteagain. Da I c Ty lie Transactioll 8 Amomit Ila I'l 11 cc 12/5/2010 Charge 0 $489.60 $489.60 12/3/2010 Payment -15562 (S489.60) $0.00 Use the it key for your browser to print a copy of taxes paid for this year. ViewDetail page lof} �"'J ��fn� �°��~ /���'�� / 7l�/��/ --- Estate Public -''u--� Ticket Detail -JREM�o Tickmt#: yXQ�F�� Sy#:�--� �_� u- Nxco»�K�o-mMINERALS (CMEK8S0NE)CUWlPANY � /\rcnnu<A��7585 � __-- '' '----- -' --^—_--- - Nurnc%:Y+om: »\»uEP|____ N4-an#: 133 A_144 /�dd'm»»]���|amvvV\u|u`u|rL � 0omcrip�oo��87558CRES JPITTSBURGH PA 15222 QU|Dxtud1zmmz»1» ! 1�� ooU1V � Land: | $2.849.600� l� �9O660 cupoovc� 0� B� | � / | �-��OW: ~^^~^~'^' 'i - *�"�,300 ���'� {) ' 'ou| BiU].811.n10�57l Payments: [__�11.OiQ�57� /\crox� | _ _ _�8l55� rcuo\ty Pxid:[ lot Paid: &rnountOrrod:i_._ ____ i Other: | � |Luyt Date: � 12X03/ 201 0' Tvtx)�)�cd:| _ __�� pcnx|h/� | � lo�er�x(� Note that thx|ifyoyxxo| hmbeen received within the ko/ 10 business Jxys.any mmniu| i/nxxmay no| be posted -,It U/is time. Muse check Unrdmiuxcuin. 1juse. the print kcy for your browser to print a copy of taxes paid For this ycar.�] prpj LAWSON AND SILEK, P.L.C. 120 ExETER DRIVE, SUITE 200 POST OFF•IcE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 March 28, 2012 Michael T. Ruddy, Deputy Director Planning and Development County of Frederick 107 North Kent Street, 2°� Floor Winchester, VA 22601 iAR 2 9 2012 H' t L;.hiUK CUU(ITY THOMAS MOORE LAwsdN—T1,Aws0N(a'.SP1.c.conf Re: Canneuse Lime Rezoning RZ#01-11 Our File No. 462.013 Dear Mike: Per your request, enclosed please find original, signed Proffers. As I previously advised, we hand -delivered the original Proffers to you on July 27, 2011. Thank you for your assistance and cooperation. Should you have any questions, please do not hesitate to give me a call. TML:atd Enclosure cc: Carmeuse Lime & Stone Fko.,,-r ROYAL ADDRF_5-S: Posy OFTICT. fins 602, Fkovr ROYAL„ VIRGINIA 22630,Trin,noNE: (540) 6359415 • FACS MILE: (540) 635-9421 • E 1AIL: PSILF.KC LA SUNANDSIIJ:K.COM C 40 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 December 16, 2011 Christopher B. Collins, Member Frederick County Board of Supervisors 120 Sesar Court Winchester, VA 22602 Dear Chris: 1'110MAS IMOORE LAWSON • Re: OU1' File No. 462.013 As a follow-up to our conversation o1` yesterday, enclosed please find the form Purchase Option Agreement. After you have reviewed the same, please give me a call if you have am questions. Very Inc " Vours, Thom" s 1Mc ore La�ison 1'ML:atrl Enclosure FRos-r ROYAL ADDRESS: POST OFFICE. BOX 602, FRON7 ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FAC6IMII.E: (540) 635.9421, E-MAII.: JSILF.K©I.AWSONANDSILF.K.COA1 Jq j, in �In ilQ�plr,ft D fd'gl� �f%y, eqj j/2 q,trL lie S c, co old - �Y %& C4 r j S f 6, j (/ 12/12 PURCHASE OPTION AGREEMENT SELLERS: BUYER: THIS PURCHASE OPTION AGREEIv1ENT (the "Agreement") is made as of this day of , 2011 (the "Effective Date") by and between , theirs heirs, successors and assigns (hereinafter collectively referred to as "Seller"), and (hereinafter referred to as "Buyer"). WHEREAS, Seller is owner o1 certain real property consisting of approximately acre[s] of land situated in and more particularly described in Exhibit A attached to this Agreement, and incorporated herein by this reference. WHEREAS, Seller acknowledges that Buyer enters into this Agreement in its own right and does this freely and voluntarily. NOW THEREFORE, in consideration of the promises herein contained and other good and valuable consideration, the receipt and legal sufficiency of which is hereby aclamowledged by Buyer and Seller, the parties hereto agree as follows: 1. Option In Consideration of the payment by Buyer to the Seller the sum of Five Thousand Dollars ($5,000.00), ("Option Consideration"), plus an additional Five Thousand Dollars ($5,000.00) after the rezoning submitted by Buyer has been approved in its entirety and is satisfactory to the sole and absolute discretion of the Buyer the receipt and sufficiency of which are hereby acknowledged, Seller grants to Buyer an exclusive and irrevocable option to purchase the Property on the terms and conditions set forth in this Agreement. 2. Application of Option Consideration The Option Consideration shall be credited against the Purchase Price (as defined below) of the Property in the event Buyer exercises the Option. The Option Consideration shall be non-refundable to Buyer unless one or more of the following events shall occur, and the Buyer has not waived its right to enforce any of the following events or conditions, in which case Seller shall return the Option Consideration to Buyer: (a) the conveyance of the Property is not consummated under this Agreement because of Seller's failure, refusal or inability to perform any of Seller's obligations under this Agreement, after notice and opportunity to cure; (b) Buyer elects to terminate this Agreement because Seller is unable to remove any title exception discovered during any title searches that are objected to by Buyer or those objected to by Buyer pursuant to Section 5 below or because the rezoning 9 only 9~Y?/ 4f op-�9n 0 • submitted by Buyer has not been approved in its entirety and is not satisfactory to the sole and absolute discretion of the Buyer; (c) Buyer elects to terminate this Agreement because any of the representations or warranties under Seller's control cease to be true before Closing after notice and Opportunity to cure; (d) Buyer elects to terminate this Agreement due to damage or condemnation of the Property pursuant to Sections 7 or 8 below; 3. Sale Terms In the event Seller exercises the Option to Sell by expressing its Intention to sell the Property to the Buyer at any time commencing with the date of this Agreement through five (5) years from the date of commencement of mining (i.e., the removal of overburden or limestone) on any portion of the property described in Exhibit B ("Notice of Intent to Sell"), and provided the rezoning Submitted by the Buyer has been approved in its entirety and is satisfactory to the sole and absolute discretion of the Buyer, Seller shall convey to Buyer the Property for the greater of a price equal to the assessed value as determined by the County 2010 tax assessment, plus ten percent (10%), or the tax assessment at the year of the exercise of the Option ("Purchase Price") for the Property owned by Seller. Buyer shall pay this amount to Seller in one lump Sum unless the parties agree otherwise in writing and on the condition that there are no additional costs or expenses to Buyer. Seller individually and jointly agrees that if at any time or times after the date hereof, Seller Shall receive a bona fide offer to purchase the Property, or any part thereof, which Seller desires to accept, Seller will give written notice (hereinafter "Notice of Offer") of such offer to Buyer, identifying the proposed purchaser and setting out accurately and in detail the price and terms of the proposed sale. In each event, Seller agrees that Buyer shall have the right, at its election, to purchase the Property, or any part thereof, thus proposed to be sold by Seller, for the price and on the terms specified in the Notice of Offer, which option may be exercised by giving of written notice of exercise thereof to Seller within thirty (30) days after the giving of the Notice of Offer. In the event Buyer Shall exercise its right to purchase the Property provided for above, the sale and purchase of such Property Shall be closed within a reasonable time after exercise of such right and, in any event, within sixty (60) days thereafter. If, however, Buyer does not elect within the time and in the maimer above provided to exercise such option, then Seller may, at any time within sixty (60) days after expiration of such thirty (30) clays' option period, sell the Property or part thereof specified in the Notice of Offer to the proposed purchaser identified therein for the price and on the terms specified in the Notice of Offer; but any later sale to the same purchaser or sales to a different purchaser or of a different interest or a different price or on different terms must again be submitted to Buyer in a Notice of Offer as required and above set forth. If the Property Shall be sold by Seller to a third party after Buyer has failed to exercise its right of first refusal with respect to such sale as herein provided, the third party purchaser shall take the interest in the Property from Seller free and clear of any right of refusal or other right of Buyer, and in such event, Buyer agrees to execute such release or other instrument as reasonably requested by Seller, but any part of the Property which is retained or reserved by Seller shall remain Subject to the right of Buyer under this Agreement. 0 4. Representations, Wara•anties and Covenants of Seller (a) As a material inducement for Buyer to enter into this Agreement, from the Effective Date hereof to the Closing Date (as defined herein), Seller covenants and agrees that it shall: (i) neither make or allow to be made, extended or renewed any lease, contract, option, agreement or other instrument whatsoever materially affecting the use or value of the Property Without the prior Written consent of Buyer; (i i) observe and perform all of the terms, covenants, and conditions, including, Without hnlltatloll, the payment of monies due, under any mortgage or other agreement affecting the Property; (iii) pay all real estate taxes assessed against the Property; (iv) neither enter into any leases or agreements providing for possession, use or occupancy of, or access through, the Property or any portion thereof, nor assign, modify, amend, renew, extend or terminate any existing leases, easements or similar agreements,,without in each case the prior written consent of Buyer; (v) not execute any option respecting the Property in favor of any party other than Buyer; (vi) neither encumber the Property with any lien, mortgage, restriction or encumbrance, nor alter, amend, or modify any existing lien, mortgage, restriction or encumbrance on the Properly, Without in each case the prior written consent of Buyer; (vii) send Buyer copies of any notices Seller may receive relating to violations of law, insurance, litigation, condemnation or title matters respecting the Property; and (viii) immediately notify Buyer of any information which becomes known to Seller and which impacts the accuracy and/or veracity of any representation, warranty or covenant herein made by Seller. (b) As a material inducement for Buyer to enter into this Agreement, Seller represents and warrants that as of the date hereof and as of the Closing Date, to Seller's best information, knowledge and belief: (i) Seller owns the entire interest in the Property, and Seller has the full power and authority to enter into this Agreement and convey the Properly to Buyer in accordance with the terms of this Agreement; 0 0 (ii) no lease, option, or similar agreement is currently in effect respecting the Property or any portion thereof, except those listed on Exhibit C; (iii) there are no pollutants, contaminants, hazarcloUS or toxic Wastes in, oil or underlying the Property, and Seller has not received any notice from any governmental authority with respect thereto, and the Property has not been used as a landfill or clump site, and no storage tanks are located on or under the Property; and (iv) no litigation or similar proceeding is currently pending or, to Seller's knowledge, has been threatened, respecting the Property. (c) In the event Seller breaches any of the above representations, warranties or covenants, or if any such representations or warranties were untrue when made or are untrue as of the Closing Date, after receipt of written notice and ten (10) days' opportunity to cure, Buyer may terminate this Agreement, receive a refund of all sums paid to Seller or deposited in escrow and/or, in addition, pursue any other available remedy. If, before the time of conveyance, Seller discovers any information or facts that would materially change any of the foregoing representations or warranties, Seller shall immediately give notice to Buyer of said information or facts. If the problem is not renleclied before the time of conveyance and cannot be remedied by payment of money, Buyer may elect to (a) terminate this Agreement in which case Buyer shall have no obligation to purchase the Property or (b) clefer the conveyance until such problem has been remedied. Buyer's election in this regard shall not constitute a waiver of Buyer's rights in regard to any loss or any liability suffered as a restilt of a representation or warranty not being true nor shall it constitute a waiver of any other remecies provided in this Agreement or by law or equity. 5. Closing and Title Matters The closing of the conveyance contemplated herein (the "Closing") shall occur within sixty (60) clays following the date on which Buyer has delivered its notice of the exercise of the Option pursuant to Section 17 hereof. The funds and documents necessary for the Closing shall be deposited with an escrow agent selected by Buyer as escrow agent (herein the "Escrow Agent"). The title company shall bring the title down to the elate of Closing and if there has been no material adverse change in the title, and if the requested funds are in escrow, the transaction shall close. 6. Remedies Upon Default In the event Seller cefaults in the performance of any of Seller's obligations under this Agreement, after receipt of written notice and ten (10) days' opportunity to cure, Buyer shall have the right to specific performance against the Seller. This right is in addition to any and all other remedies proviced in this Agreement or by law or equity. In the event Buyer defaults in the performance of any of its obligations under this Agreement, Seller shall have the right to retain the Option Consideration. This right is in addition to any and all other remedies provided in this Agreement or by law or equity. 0 0 7. Right to Inspect During the term of this Agreement, Buyer through its employees, agents or representatives, may enter upon the Property at reasonable times and with reasonable advance notice for the purpose of making surveys, inspections and investigations as Buyer deems appropriate. 8. Risk of Loss All risk of loss shall remain with Seller until Closing. 9. Condemnation In the event of the taking or threat of taking or settlement in lieu thereof of all or part of the Property by condemnation or eminent domain, or the commencement of such proceedings before Closing, if Buyer's intended use of the Property is frustrated, Buyer shall have the right to terminate this Agreement by written notice to Seller. If Buyer does not terminate the Agreement, Buyer may either proceed to close (a) with the Purchase Price reduced by the total of any awards or other proceeds received or to be received by Seller as a result of such proceedings, or (b) with an assignment by Seller of all Seller's right, title and interest in and to any and all such awards and proceeds. Seller shall notify Buyer in writing of any domain proceedings affecting the Property within five (5) days after Seller learns of the proceedings. 10. Binding on Successors This Agreement shall be binding upon parties and their respective heirs, personal representatives, assigns, members, directors, officers, and shareholders, as the case may be. 11. Memorandum of Option The parties agree that this Option shall not be recorded or the terms contained herein otherwise disseminated or divulged to any third party, however, either party may record a Memorandum of Option in the land records of the county of County, , in the form attached hereto as Exhibit 1), an original of which will be executed concurrently by each of the parties hereto. In the event that Buyer does not exercise the Option, after consultation with Seller, Buyer shall promptly execute and record a Termination of Option, Quit -Claim Deed relinquishing its rights herein, or other suitable instrument as may be necessary to eliminate any cloud on Seller's title to the Property created by the Memorandum of Option. 12. Entire Agreement; Modification; Waiver This Agreement constitutes the entire agreement between Buyer and Seller pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 13. Counterparts This Agreement may be executed in counterparts, each of which shall be deemed an original and which together shall constitute one and the same Agreement. 14. Severabili4, Each provision of this Agreement is severable from any and all other provisions of this Agreement. Should any provision(s) of this Agreement be for any reason unenforceable, the balance shall remain in force. 0 i D n l y k- y Qi 4q Q \ pve- 15. Governing Law; Choice of Forum/Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. The parties hereby consent to the jurisdiction and venue of the CourtS of the Commonwealth of Virginia, specifically to the courts of , and to the jurisdiction and venue of the United States District Court for the District of , Division in connection with any action, suit, or proceeding arising out of or relating to this Agreement and further waive and agree not to assert in any action, suit, or proceeding brought rn the courts of County, , or the United States District Court for the District of , Division that the parties are not personally Subject to the jurisdiction of these courts, that the action, suit, or proceeding is brought in an inconvenient forum or that venue is improper. 16. Confidentiality; Cooperation (a) Except as otherwise specifically provided in Section 11 above, the parties hereto agree that the terms of this Agreement, including but not limited to the Purchase Price, shall remain confidential, and that, unless compelled by law, no portion of this Agreement may be disclosed to anyone other than the parties and their respective attorneys, and employees or representatives having a need to luiow such information, without the prior written consent of the parties. (b) Seller acknowledges that a re -zoning of the Property will be required at Buyer's sole discretion as a pre -condition to Buyer's consummation of the purchase of the Property, and Seller agrees to cooperate with Buyer- in applying for SUCK a re -zoning, and in otherwise promoting the benefits of a re -zoning as Buyer may deem necessary or appropriate. Seller's cooperation includes, but is not limited to, executing all documents required to be executed by Buyer. 17. Notices All notices which are permitted or required to be given hereunder shall be sufficiently given and sent by messenger, overnight courier or certified United States mail, return receipt requested, to the party for whom intended at the address of such party as herein above set forth (or at such other address of which such party shall have given written notice in the manner provided herein). Notices shall be deemed given on the date delivered by messenger or on the date deposited with the United States mail or overnight courier service, as the case may be. When a date specified herein falls upon a Saturday, Sunday or national holiday, the following Monday or the day after such holiday shall be used for purposes of this Agreement. 18. Dower In the event that Seller or any person or party constituting Seller is married, the spouse of such party Shall execute this Agreement in the place indicated below, to evidence such spouse's waiver or expectancy of any dower interest in the Property if such interest is recognized by state law. IN WITNESS WHEREOF, the parties have hereunto set their hands as of the date(s) set forth below: 0 des /I of—u JAq 1,L n4 Gk�/2n1 LR/i°12uf�1 0 Sellers: INSERT NAME INSERT NAME Buyer INSERT NAME Date Date Date 0 • EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Tax Map No. 0 EXIIIBIT 13 0 • • EXHIBIT D MEMORANDUM OF OPTION FOR THE PURCIASE OF REAL PROPERTY THIS MEMORANDUM OF OPTION FOR THE PURCHASE OF REAL PROPERTY (the "Memorandum") is made and entered into as of the day of , 2011 by and between having an address of , (hereinafter collectively referred to as "Seller") and having an address (hereinafter referred to as "Buyer"). WITN ESSETI-I: WHEREAS, Seller is the owner of the fee simple estate in and to that certain parcel of land described in Exhibit A attached hereto and made a part hereof, containing approximately 1 acre, together with all easements, rights and other appurtenances belonging thereunto including, but not limited to, all surface, subsurface, production, oil and gas, and other mineral interests therein (the "Property"); and WHEREAS, Seller and Buyer have entered into that certain Purchase Option Agreement of even date herewith (the "Agreement"), pursuant to which Seller has granted an option to purchase the Property to Buyer, and Buyer has accepted such option; and WHEREAS, Seller and Buyer desire to execute and rile this Memorandum of record to give, and do hereby give, record notice of the provisions of the Agreement. NOW, THEREFORE, Seller and Buycr do hereby state as follows: 1. The Agreement is hereby incorporated by reference in and made a part of this Nlemorandum as If the AgreemeIt, and all future amendments, modifications and Supplci-nents thereto, were set forth herein In Its entirety. All parties having or acgUiring an Interest In the Property referred to herein are hereby given notice of all terms, covenants, conditions, provisions, agreements and obligations contained in the Agreement, and all future amendments, modifications and Supplements thereto. This Me norandurn Is prepared for the purpose of recordation and does not modify the provisions of the Agreement or any fUtUre amendment, modification or supplement thereto. If there are any conflicts between the Agreement or any fUtUre amendment, modification or supplement thereto and this McinorandUln, the proVlSlonS of the Agreement, as so amended, modified and suppleuented, shall prevail. 2. The property that is encumbered or affected by the Agreement is the Property. 3. This 1Vlemorandurn is executed by the parties for the purpose of giving notice of Buyer's right and option to purchase the Property pursuant to the terms of the Agreement, as the same may be hereafter amended, modified and supplemented. 0 4. This Memorandum may be executed in InultiplC counterparts, each of which, when so executed, shall be deemed an original, and all of which shall together constitute one and the same CIOCUInent, and shall be binding oil the signatory; and the slgnatUl-C Of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. 5. Each signatory hereto certifies that he or she is duly authorized and empowered to sign and deliver this Memorandum on behalf of all entities named below oil whose behalf Ile or she has so acted. 6. This Memorandum shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, successors and assigns, and shall run with the land. IN WITNESS WHEREOF, the parties hereto have duly executed this Memorandum as of the date set forth hereinabovc, but have actually executed same on the dates set forth in the respective acknowledgments hereof. [SIGNATURES ON THE FOLLOWING PAGE] �J 11 SELLERS: INSI?R,r NAME CONIMONWEALTI-I OF VIRGINIA CITY/COUNTY of , to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by My commission expires Registration No. Notary Public INSERT NAME COMMONWEALTH OF VIRGINIA CITY/COUNTY of , to -wit: The foregoing instrument was acknowledged before me this clay of 2011, by Notary Public My commission expires Registration No. • 0 COMMONWEALTH Or VIRGINIA CITY/COUNTY of BUYER: INSERT NAME to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by Notary Public My commission expires Registration No. EXHIBIT A TO MEMOI)ANDUM OI+ OPTION FOR THE PURCHASE OF REAL PROPERTY Lep,al Description Tax Map No. 11/18/2011 16:24 FAX 0 Z 002/005 • LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 %N'INCIIF,STF,R, VA 22604 TELEPHONE: (540) 66"050 FACSIMILE: (540) 7224051 Michael T. Ruddy, Deputy Director Planning and Development County of Frederick 107 North Kent Street, 2"d Floor Winchester, VA 22601 VIA E-MAIL AND FACSIMILE Dear Mike: THOMAS MOORE LAWSON • TL.AWSONOISPI.C:_(.YIM November 18, 2011 Re: Carmeuse Lime Rezoning RZ#01-11 Our File No. 462,013 Pursuant to our telephone conversation, enclosed please find a letter of clarification to the Board of Supervisors. Please take a look at this and advise me if you have any comments. Once it is in final order, my intent would be to deliver this to the Board of Supervisors at the hearing on December 14. Thank you for your assistance and cooperation, I look forward to hearing from you. Very truly yours, Thomas Moore Lawson TML.jk Enclosure cc: Carmeuse Lime & Stone PRONT N OVAL ADDRESS: YOST OrEICE DM WZ,YRONTkOV4, VRCINU216".TELCP110YL:(V )04.94I4'FACSIMILE:(5M)AA."4XI F,-NIAllI AW..nNAMWIUILCOM M■ 11/18/2011 i■ ■ ■ ■ 18:24 FAX • LAWSON AND SILEK, P.L.C. 120 ERETER DRIVE, SUITE 200 POST OMCF. BOX 2740 WINCHESTER. VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (S40)722-4051 FACSIMILE COVER SHEET Date: November 18, 2011 • To: Michael T. Ruddy, Deputy Director Planning and Development Fax Number: (540) 665-6395 From: Thomas Moore Lawson, Esquire Re: Carmeuse Lime & Stone Number of pages including cover: 5 Message: Please see the attached. Thank you. a 001/005 The information contained in this facsimile message is information intended only for the use of the 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 via the U, S. Postal Service, Thank you. FRO," ROYAL ADDRESS: POs70rnCr, U09 r+12, F*QK7R0YAI„ VMMnIA 12630, Tr.t.mi mr: (S40) 635-9415. YAI IMILC: (940) 635.9421, E,DWL: 9UPC W,LY1•RrrmKICT-COA1 11/18/2011 16:24 FAX 0 • fa 003/005 LAWSON AND SILLK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICR BOX 2740 IVINCHF,51T.R, VA 22604 TELEPHONE: (540) 665-0050 FArSINIILE: (940) 722-4051 THOMAS MOORE LAWSON a rLAWSONRLSPLC.COM November 18, 2011 The Honorable Richard Shickle, Chairman At -Large Crary W. Dove, Member Charles S. Dehaven, Jr., Member Gary A. Lofton, Member Christopher E. Collins, Member Gene E. Fisher, Member Bill M. Ewing, Member Frederick County Board of Supervisors 107 North Kent Street Winchester, VA 22601 Re: Carmeuse Lime Rezoning RZ#O 1-11 Our File No. 462.013 VIA HAND -DELIVERY Dear Mr. Chairman and Members of the Board of Supervisors: As a follow-up to our prior presentations and submittals to Frederick County regarding the above -referenced rezoning, we have been asked to submit a letter of clarification which confirms the language contained in the proposed Proffer Statement ("Proffers"). In response to said request, we offer this letter of explanation. If after reviewing the same there are still additional questions, we would be pleased to respond to them at the hearing scheduled on December 14, 2011 for the consideration of this rezoning request. The property that is the subject of this rezoning is approximately 92 acres and has been identified as Tax Map Parcels 44-A-83, 44-A-83A, and a portion of Tax Map Parcel 33-A-144 and as has been identified on the plats, which have been submitted as part of and as exhibits to the rezoning application. Please note that Parcel 33-A-144 is a large tract containing FROKTROYALADDIZM:POST 0MCEBOX 602.p[ni ROTA1,VIYGHLI22630.71LIPHO.YE:FArx1Mi.+:(5+0)6J5.9411•E-MAIL:J5[LLIUp'.UWSO,vAMnz1L+l'CON 11/18/2011 16:24 FAX . 0 14004/005 Frederick County Board of Supervisors November 18, 2011 Page 2 approximately 487.55 acres total, and a significant portion of that has previously been acknowledged to be zoned EM. The exact zoning line is unclear in the record. This is due in large part to the fact that the parcel was pan of the original assemblage of land owned by the W.S. Frey Company and which was in active mining before zoning existed in Frederick County. Once zoning was imposed, the records of Frederick County indicate that the W.S. Frey Company land was designated as EM. Subsequent zoning maps have reflected that the vast majority of the property was zoned EM but a portion of it was not. One of the benefits of this rezoning is to clean up any discrepancy in the record and confirm that parcel 33-A-144 in its entirety will be zoned EM. Under Site Development Section 2.2 of the Proffers there has been discussion about the plantings which are called for in not only the textual portion of the Proffers but also in the attached and incorporated plats. In particular, there have been questions about whether there ought to be a planting scheme with precise description of plants and their locations. After giving due consideration to such it has been decided that the language in the Proffer is appropriate because it uses words such as "mix," "random," and "consistent with existing vegetation patterns." This is being done intentionally so that after the plantings have taken hold and started to grow they will resemble a more natural scene and not one where it is obvious that the plantings were placed in a uniform planting scheme. It should also be pointed out that with regard to the interpretation of this proffer, and with any proffer, by ordinance and by law, questions can be raised to the Frederick County Zoning Administrator to determine compliance. The Zoning Administrator's decision is binding on this Applicant, or any future applicant, to confirm full compliance with this and all proffers_ Under Section 3.1 of the Proffers, there was discussion about the term "adaptive reuse." This is a term of art that is used by historians and professionals working in the historic preservation field. The language was intentionally inserted in the Proffers to ensure that the Martin farmhouse would be preserved through its continued use. It was explained to the Applicant by historic preservation professionals that there is nothing worse than to simply leave a historic structure alone and not put it into use. 11/18/2011 16:24 FAX fa005/005 Frederick County Board of Supervisors November 18, 2011 Page 3 Further to this section, it should be pointed out that the Phase 2 Archaeological Survey has been completed, and it has confirmed that no historical artifacts were found in the area covered by the Phase 2 Archaeological Survey. The results of that survey were reported to Frederick County's Historical Resources Advisory Board. Thank you for your consideration of these materials and of this rezoning request. Very truly yours, Thomas Moore Lawson TMI,_j k cc: Carmeuse Lime & Stone 15. Fees, Costs and Expenses. The County agrees to pay the following fees, costs and expenses incurred by VPSA in connection with its purchase and carrying of the Local School Bond within thirty days after receipt by the County Administrator of a written bill therefor: (a) The County's allocable share of (i) the fees, costs and expenses of the trustee, paying agent and bond registrar under the indenture pursuant to which VPSA will issue the VPSA Bonds and (ii) any fees, costs and expenses payable to third parties in connection with such indenture or VPSA's School Tax Credit Bond Program, as determined by VPSA; and (b) To the extent permitted by law, the reasonable fees, costs and expenses, including reasonable attorneys' fees, if any, incurred by VPSA in connection with any false representation or certification or covenant default by the County or any County or School Board official, employee, agent or contractor under the Local School Bond, the Continuing Disclosure Agreement, the Tax Compliance Agreement, the Proceeds Agreement and/or any document, certificate or instrument associated therewith (collectively, the "County Documents"), or in connection with any extraordinary mandatory redemption of the Local School Bond as described in paragraph 9 above and the corresponding VPSA Bonds, any amendment to or discretionary action that VPSA makes or undertakes at the request of the County under any of the County Documents or any other document related to the VPSA Bonds. 16. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County of Frederick, Virginia. 17. Election to Proceed under Public Finance Act. In accordance with Section 15.2- 260E of the Virginia Code, the Board elects to issue the Local School Bond pursuant to the provisions of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Virginia Code. 18. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Local School Bond and any such action previously taken is hereby ratified and confirmed. 19. Effective Date. This Resolution shall take effect immediately. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. Del-Iaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye PLANNING COMMISSION 13USINESS PUBLIC HEARING PUBLIC FEARING - REZONING 1/01-11 OF CARMEUSE NA — CLEARBROOK REZONING, SUBMITTED BY PATTON IIARRIS RUST & ASSOCIATES AND THOMAS MOORE LAWSON, ESQUIRE, TO REZONE 92 ACRES FROM RA (RURAL AREAS) DISTRICT TO EM (EXTRACTIVE MANUFACTURING) DISTRICT, WITH PROFFERS. THE PROPERTIES WITH ADDRESSES OF 508 QUARRY LANE, 3004 MARTINSBURG PIKE AND 3180 MARTINSBURG PIKE, ARE LOCATED BETWEEN THE INTERSECTIONS OF ROUTE 11 WITH BRUCETOWN ROAD (ROUTE672) AND WALTERS MILL LANE (ROUTE 836), AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 44-A- 83 44-A-83A AND 33-A-144 (PORTION OF) IN THE STONEWALL MAGISTERIAL DISTRICT. — ACTION POSTPONED UNTIL FIRST MEETING IN JANUARY 2012 Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. Minute Book Number 37 Board of supervisors Regular Meeting of 09/14/11 • • 061 He advised this was a request to rezone 92 acres from RA (Rural Areas) District to EM (Extractive Mining) District with proffers. The property is located on Martinsburg Pike just west of the existing quarry. The applicant provided exhibit 2, which showed the location of the proposed berm along Route 11 and the proposed berm along the adjoining residential properties. The Planning Commission recommended approval of this rezoning application at its August 3, 2011 meeting. The Planning Commission recommended the Board of Supervisors work with the Clearbrook Fire and Rescue Company regarding the future site of their station. Deputy Director Ruddy noted the Planning Commission approved a waiver request to the modified buffer. The waiver enables a 50 foot setback against Route 11 and the adjacent residences rather than the required 100 and 200 foot setbacks. Jim Bottom, Operations Manager for Carmeuse, appeared before board regarding this item. He believed this rezoning request was a logical fit with the land already zoned EM. Ile went onto say he met with many of the neighbors throughout this process and had established good relationships. He stated this has been a clean and non -controversial request. He advised the proffers reflect what the neighbors, agencies, and planning commission asked for. Mr. Bottom stated the company provided stone, equipment, etc. to repair Walters Mill Lane beyond the state maintained section, He noted they had responded to concerns regarding the railroad crossing. They held three community meetings at the Stonewall Ruritan Building. He went on to say the concerns that were raised were noise, dust, and blasting. lie noted the company brought in noise and blasting experts. 1ie explained that the berms have been redesigned and proffers were added to address tree planting and berms. I -le went on to say the company understands that it provides a large portion of the county's drinking water and he did not understand why the dispute with the Sanitation Authority reached the level it has. He noted this 92 acre was selected because it is where the high quality limestone scam runs and has about 12 to 15 years of resources. They anticipated using this area in the next 7 to 15 years. Ile explained the relocation of the ball fields was covered in the agreement Frederick County Sanitation Authority. lie concluded by reviewing the benefits Carmeuse brings to the community: 131 high quality industrial jobs; I $7-10 million annual payroll; and I $18-20 million spent in Virginia. Mike Osborne, Austin Powder Company Technical Manager for the Southeast Division, i Minute Boot: Number 37 Board orSupcnisors Regular Meeting or09/14/I1 0621 0 • staled the quarry was safe and no explosives were stored on site. Fie explained that the company hauls in the amount of explosives needed for the day. He explained that his company deals with several regulatory agencies and when blasting was conducted within the required guidelines then no structures would be damaged. He concluded by saying all methods they use are safe. Supervisor Spicer asked how often the company blasted. Mr. Bottom responded that when the economy was better they blasted one to two times per week. Scott Harvey, Phocnix Noise and Vibration, reviewed the issue of noise and noise fundamentals. He explained that noise was measured around the 10 residences, Interstate 81, Route 11, and Carmeuse. A computer model was then developed for the fixture site. IIe stated that the noise level during construction of the berms would be equivalent to a hairdryer or loud dishwasher. Chairman Shickle asked if the loader noise was the loader engine or the backup beeper. Mr. Harvey responded the maximum noise level was measured during quarry operation. Supervisor Spicer asked how many times per day was material dumped into trucks. Mr. Bottom responded 75 to 100 times per day. Supervisor Collins asked if a specific decibel level was proffered. Mr. Bottom responded they did not plan on putting a noise level in the proffer, as they expected the berm to work. Supervisor Collins asked what would happen if the berm diet not work. Mr. Bottom responded the company would work with the sound experts to see what could be done. Supervisor Lofton asked if there was any advantage to making the berm higher. Mr. Harvey responded there was a point of diminishing returns. He noted the berm would not reduce the background noise level. Chairman Shickle asked if the noise level on Route 11 gets louder because it is running into the berm. Mr. Harvey responded no because there is a lot of absorption with the sloped planted berm. I Supervisor Fisher noted there would be a limitation in height because of the terrain. Ty Lawson, Attorney for the applicant, addressed the Board regarding this proposed Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 1063 rezoning. He advised the berm was the best alternative to handle the noise and they were addressed in the waiver approval process. He noted the applicant: - proffered out asphalt and concrete plants as possible uses; - limited commercial access to the existing entrance; - is agreeable to the Planning Commission's request for a future entrance on Route 11, but they have no need for one; - proffered to preserve the Martin House. They put in an adaptive re -use to utilize it as their office; - put dust controls into the proffers to give the county enforcement authority in addition to the state; - proffered no permanent lighting above the berms; and - agreed to plant trees during the first year following approval. I-Ie went on to say this proposal would take vehicle trips off of Route 1 l in the future. At the Planning Commission's request the applicant did add the ability to give more right-of-way along Route 11. Mr. Lawson noted the proposed use was consistent with the Comprehensive Plan. The applicant has made provisions for the agreement between Clearbrook Fire Company and the quarry. He presented various letters addressing the proposed rezoning, responding to the schools' concerns, and expressing support for the rezoning and asked that they be made a part of the record. (Copies of the letters are on file in the Office of the County Administrator.) He concluded by asking the Board of Supervisors for approval of this rezoning. Supervisor Lofton asked who would determine what was to be planted on the berm to make sure everyone was comfortable. Mr. Lawson responded the applicant intentionally used the words in the proffer statement because in Middletown the applicant ended up overplanting the berms He went on to say they have held meetings with neighbors and believe they have established a good relationship with them as there were no opposing comments at the Planning Commission hearing. Chairman Shickle convened the public hearing. Allie Santmyers, Back Creek District, asked the Board to vote in favor of the proposed rezoning because of the positive impact the company has on the community. She stated the quarry was important to her family. The company did a lot of work in the community and served as a business partner with Sherando High School. She noted Carmeuse was her step -father's employer and asked that they be allowed to continue operating, Bruce Carpenter, Gainesboro District and sales representative for Albin Tractor, stated Minute Book Number 37 Board of Supervisors Regular electing of 09/14/11 064 his company repaired a lot of Caterpillar heavy equipment and they shared a professional relationship with Carmcuse. He went onto say Carmcuse makes land available for farmers to cut hay and they provide substantial tax revenue to the county. He concluded by asking the Board to approve the rezoning. Jeff Jenkins, Pine Knoll Construction, stated he was a sub -contractor for Carmcuse and they have kept eight (8) to 20 of his men busy over the last three years. Ile concluded by saying he would like to see the Board approve the rezoning. Mark Georgiana, Stonewall District, stated he was an employee since 1988. He noted there were three generations working at the quarry in some places. I-Ie asked the Board to approve the rezoning. Mark Regan, Stonewall District, expressed his opposition to this application because it does not improve the quality of life in the county. He was concerned about possible damage to wells and the effects of dust on the air quality. He noted his daughter suffers from asthma although there is no family history. He asked if the schools had received test results concerning the effect of dust on respiratory health. He went on to say the citizens in the area do not want the quarry expansion and he asked the Board to deny this request, There being no further public comments, Chairman Shickle closed the public hearing. Supervisor DeI-laven noted he would abstain from voting due to a possible conflict of interest. Supervisor Fisher stated lie would like to give the applicant an opportunity to address issues and concerns. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board postponed this item until its first meeting in January 2012. Supervisor Lofton stated he had some questions regarding the application, but felt 30 days was ample time to address his questions. I-Ie advised that he could not support putting it off until January 2012. . The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. Del-faven, Jr. Abstain Gene E. Fisher Aye Gary A. Lofton Nay Ross P. Spicer Aye Minute Book Number 37 Board of Supervisors Reguhr 111ecting of 09/14/11 we i 0 15. Fees, Costs and Expenses. The County agrees to pay the following fees, costs and expenses incurred by VPSA in connection with its purchase and carrying of the Local School Bond within thirty days after receipt by the County Administrator of a written bill therefor: (a) The County's allocable share of (i) the fees, costs and expenses of the trustee, paying agent and bond registrar under the indenture pursuant to which VPSA will issue the VPSA Bonds and (ii) any fees, costs and expenses payable to third parties in connection with such indenture or VPSA's School Tax Credit Bond Program, as determined by VPSA; and (b) To the extent permitted by law, the reasonable fees, costs and expenses, including reasonable attorneys' fees, if any, incurred by VPSA in connection with any false representation or certification or covenant default by the County or any County or School Board official, employee, agent or contractor under the Local School Bond, the Continuing Disclosure Agreement, the Tax Compliance Agreement, the Proceeds Agreement and/or any document, certificate or instrument associated therewith (collectively, the "County Documents"), or in connection with any extraordinary mandatory redemption of the Local School Bond as described in paragraph 9 above and the corresponding VPSA Bonds, any amendment to or discretionary action that VPSA makes or undertakes at the request of the County under any of the County Documents or any other document related to the VPSA Bonds, 16. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County of Frederick, Virginia. 17. Election to Proceed under Public Finance Act. In accordance with Section 15.2- 2601 of the Virginia Code, the Board elects to issue the Local School Bond pursuant to the provisions of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Virginia Code, 18. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Local School Bond and any such action previously taken is hereby ratified and confirmed. 19. Effective Date. This Resolution shall take effect immediately. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. Del-laven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #01-11 OF CARMLUSE NA — CLEARBROOK REZONING SUBMITTED BY PATTON IIARRIS RUST & ASSOCIATES AND THOMAS MOORE LAWSON ESQUIRE, TO REZONE 92 ACRES FROM RA (RURAL AREAS) DISTRICT TO EM (EXTRACTIVE MANUFACTURING) DISTRICT WITH PROFFERS. TIfE PROPERTIES WITH ADDRESSES OF 508 QUARRY LANE 3004 MARTINSBURG PIKE AND 3180 MARTINSBURG PIKE, ARE LOCATED BETWEEN THE INTERSECTIONS OF ROUTE 11 WITII BRUCETOWN ROAD (ROUTE672) AND WALTERS MILL LANE (ROUTE 836), AND ARE IDENTIFIED BY PI20PEIZTY IDENTWICATION NUMBERS 44-A- 83 44-A-83A AND 33-A-144 (PORTION OF) IN THE STONEWALL MAGISTERIAL DISTRICT. — ACTION POSTPONED UNTIL FIRST MEETING IN JANUARY 2012 Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. Minute nook Number 37 Board of Supervisors Regular Meeting of 09/14/11 • • I061 He advised this was a request to rezone 92 acres from RA (Rural Areas) District to EM (Extractive Mining) District with proffers. The property is located on Martinsburg Pike just west of the existing quarry. The applicant provided exhibit 2, which showed the location of the proposed berm along Route 11 and the proposed berm along the adjoining residential properties. The Planning Commission recommended approval of this rezoning application at its August 3, 2011 meeting. The Planning Commission recommended the Board of Supervisors work with the Clearbrook Fire and Rescue Company regarding the future site of their station. Deputy Director Ruddy noted the Planning Commission approved a waiver request to the modified buffer. The waiver enables a 50 foot setback against Route I 1 and the adjacent residences rather than the required 100 and 200 foot setbacks. Jim Bottom, Operations Manager for Carmcuse, appeared before board regarding this item. lie believed this rezoning request was a logical fit with the land already zoned EM. He went onto say he met with many of the neighbors throughout this process and had established good relationships. lie stated this has been a clean and non -controversial request. He advised the proffers reflect what the neighbors, agencies, and planning commission asked for. Mr. Bottom stated the company provided stone, equipment, etc. to repair Walters Mill Lane beyond the state maintained section. He noted they had responded to concerns regarding the railroad crossing. They held three community meetings at the Stonewall Ruritan Building. He went on to say the concerns that were raised were noise, dust, and blasting. He noted the company brought in noise and blasting experts. lie explained that the berms have been redesigned and proffers were added to address tree planting and berms. He went on to say the company understands that it provides a large portion of the county's drinking water and lie did not understand why the dispute with the Sanitation Authority reached the level it has. I-Ie noted this 92 acre was selected because it is where the high quality limestone scam runs and has about 12 to 15 years of resources. They anticipated using this area in the next 7 to 15 years. He explained the relocation of the ball Gelds was covered in the agreement Frederick County Sanitation Authority. lie concluded by reviewing the benefits Carmcuse brings to the community: 131 high quality industrial jobs; $7-10 million annual payroll; and $18-20 million spent in Virginia. Mike Osborne, Austin Powder Company Technical Manager for the Southeast Division, Minute nook Number 37 Board or Supervisors Regular Meeting or09/14/11 0621 0 f`. J stated the quarry was safe and no explosives were stored on site. Fie explained that the company hauls in the amount of explosives needed for the day. He explained that his company deals with several regulatory agencies and when blasting was conducted within the required guidelines then no structures would be damaged. fie concluded by saying all methods they use are safe. Supervisor Spicer asked how often the company blasted. Mr. Bottom responded that when the economy was better they blasted one to two times per week. Scott Harvey, Phocnix Noise and Vibration, reviewed the issue of noise and noise fundamentals. Ile explained that noise was measured around the 10 residences, Interstate 81, Route 11, and Carmeuse. A computer model was then developed for the future site. He stated that the noise level during construction of the berms would be equivalent to a hairdryer or loud dishwasher. Chairman Shickle asked if the loader noise was the loader engine or the backup beeper. Mr. Harvey responded the maximum noise level was measured during quarry operation. Supervisor Spicer asked how many times per clay was material dumped into treks. Mr. Bottom responded 75 to 100 times per day. Supervisor Collins asked if a specific decibel level was proffered. Mr. Bottom responded they did not plan on putting a noise level in the proffer, as they expected the berm to work. Supervisor Collins asked what would happen if the berm did not work. Mr. Bottom responded the company would work with the sound experts to sec what could be done. Supervisor Lofton asked if there was any advantage to making the berm higher. Mr. Harvey responded there was a point of diminishing returns. Ile noted the berm would not reduce the background noise level. Chairman Shickle asked if the noise level on Route 1 1 gets louder because it is running into the berm. Mr. Harvey responded no because there is a lot of absorption with the sloped planted berm. Supervisor Fisher noted there would be a limitation in height because of the terrain. Ty Lawson, Attorney for the applicant, addressed the Board regarding this proposed Minute Book Number 37 Board of Supervisors RcguInr Meeting of09/la/II 0 • rezoning. IIe advised the berm was the best alternative to handle the noise and they were addressed in the waiver approval process. He noted the applicant: proffered out asphalt and concrete plants as possible uses; - limited commercial access to the existing entrance; - is agreeable to the Planning Commission's request for a future entrance on Route 11, but they have no need for one; - proffered to preserve the Martin House. They put in an adaptive re -use to utilize it as their office; put dust controls into the proffers to give the county enforcement authority in addition to the state; proffered no permanent lighting above the berms; and agreed to plant trees during the first year following approval. lie went on to say this proposal would take vehicle trips off of Route 1 I in the future. At the Planning Commission's request the applicant did add the ability to give more right-of-way along Route IL Mr. Lawson noted the proposed use was consistent with the Comprehensive Plan. The applicant has made provisions for the agreement between Clearbrook Fire Company and the quarry. He presented various letters addressing the proposed rezoning, responding to the schools' concerns, and expressing support for the rezoning and asked that they be made a part of the record. (Copies of the letters are on file in the Office of the County Administrator.) He concluded by asking the Board of Supervisors for approval of this rezoning. Supervisor Lofton asked who would determine what was to be planted on the berm to make sure everyone was comfortable. Mr. Lawson responded the applicant intentionally used the words in the proffer statement because in Middletown the applicant ended up overplanting the berms I-Ie went on to say they have held meetings with neighbors and believe they have established a good relationship with them as there were no opposing comments at the Planning Commission hearing. Chairman Shickle convened the public hearing. Allie Santmyers, Back Creek District, asked the Board to vote in favor of the proposed rezoning because of the positive impact the company has on the community. She stated the quarry was important to her family. The company did a lot of work in the community and served as a business partner with Sherando High School. She noted Carmcuse was her step -father's employer and asked that they be allowed to continue operating. Bruce Carpenter, Gainesboro District and sales representative for Albin Tractor, stated Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 064II • his company repaired a lot of Caterpillar heavy equipment and they shared a professional relationship with Carmeuse. lie went onto say Carmcuse makes land available for fanners to cut hay and they provide substantial tax revenue to the county. He concluded by asking the Board to approve the rezoning. Jeff Jenkins, Pine Knoll Construction, stated he was a sub -contractor for Carmcuse and they have kept eight (8) to 20 of his men busy over the last three years. 13e concluded by saying he would like to see the Board approve the rezoning. Mark Georgiana, Stonewall District, stated he was an employee since 1988. He noted there were three generations working at the quarry in some places. He asked the Board to approve the rezoning. Mark Regan, Stonewall District, expressed his opposition to this application because it does not improve the quality of life in the county. I-Ie was concerned about possible damage to wells and the effects of dust on the air quality, He noted his daughter suffers from asthma although there is no family history. He asked if the schools had received test results concerning the effect of dust on respiratory health. He went on to say the citizens in the area do not want the quarry expansion and he asked the Board to deny this request. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor DeHaven noted he would abstain from voting due to a possible conflict of interest. Supervisor Fisher stated he would like to give the applicant an opportunity to address issues and concerns. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board postponed this item until its first meeting in January 2012. Supervisor Lofton stated he had some questions regarding the application, but felt 30 days was ample time to address his questions. I-Ie advised that he could not support putting it off until January 2012. . The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. Del-Iaven, Jr. Abstain Gene E. Fisher Aye Gary A. Lofton Nay Ross P. Spicer Aye Atinulc nook Number 37 Board of Supervisors Regular 1lfecling of09/14111 • 0 Eric Lawrence From: Ty Lawson [tlawson@lsplc.com) Sent: Monday, September 12, 2011 1:33 PM To: Eric Lawrence Subject: RE: Carmeuse rezoning staff report Attachments: Lawrence Itr 9-12-11.pdf Please see the attached letter. Thanks, Ty From: Eric Lawrence[mailto:elawrenc(@co.frederick.va.usl Sent: Monday, September 12, 2011 9:08 AM To: Ty Lawson; Ronald A. Mislowsky Subject: Carmeuse rezoning staff report Good morning Ty and Ron. Attached is the staff report for Carmeuse. The entire 9/14/11 Board agenda item is accessible at: http•//www co frederick va us/planning/BOS/pdfs/BOS 09-14-11 Rezoning 01-11 CarmuseNA Clearbrook.pdf Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(cDco.frederick.va.us www.FrederickCountyVa.gov/Planning www.FrederickCountyVa.gov No virus found in this message. Checked by AVG - Nv-Nv-�v.avg com Version: 10.0.1392 / Virus Database: 1520/3891 - Release Date: 09/11/11 • • LAWSON AND SILEK, P.L.C. 120 E\E'I Fat 1)IuN.F.'snrre 200 Pos 1' ( p-m F. 14ox 2740 XVIN'cm.S'1'F:R. VA 22604 TF:UTHONF: (540) 66S-0050 I�Acs ,Nm, :: (540) 722.4051 September 12, 2011 Eric Lawrence, Director County of Frederick Department ol' Planning and Development 107 North Kent Street, Suite 202 Winchester. VA 22601 VIA 1�-MAIL Dear Eric: T110MAS NIOORF: LAWSON • rLANVSONV a,' SPLC.COR1 Re: Rezoning Application for Camcuse NA-Clearbrook Rezoning Our File No. 462.013 "Thank you for forwarding me the Staff Report. Strangely, I noted upon my review of the exhibits that there are several letters missing from the correspond en cc, which ought to be included. Of note is a letter responding to K. Wayne Lee's, Frederick County Public Schools, comment letter and my letter to Rod Williams and Mike Ruddy dated May 11, 2011. 1 could not help but to note that these are letters that were sent in the course of this rezoning and they were either addressed to the person writing the letter with a copy to Frederick County Planning or addressed directly to Planning. The net of this is they arc most definitely in Planning's file and, therefore, 1 think ought to be included. After you have looked at these, let me know how you think it best to get this information out to the Board members. At the Planning Commission I simply brought copies, and I will be happy to do the same thing for the Board hearing. Also, for },our file is a copy of the updated Proffers. Intentionally, we have dated the revision date showing September 12, 2011. You will note there have been no other revisions other than the signatures and we are doing this to take out any concern that may exist with regard to Exhibit 2. As you know, the text of' the Proffers has remained unchanged since the July 12, 2011 revision. 1 hope Mike is doing well with his recovery. Please let me know when you have some time to catch up between now and Wednesday so we can discuss this rezoning further. Very truly yours. /s/ Thomas Moore Lawson Thomas Moore Lawson TM L:atcl Enclosures cc: Carmeuse Lime & Stone FROM ROI'ALAD I/RE-CC F'OtT OFFICE BOX 602. FRONT ROYA I. VIRGVOA 2200.1'ELIPHO-1r: (5411)6)5-'1415. FACSIMILE: 15701635.9421 • H-NIA I I.: JtiILEKt `L\WSONAHU). LEK.COAI L-J • LAwSON AND SILEK, P.L.C. 120 EXETER DRrVF, Sura 200 Post OFFICE Box 2740 WINcHEmp, VA 22604 Tyi,E.PHon: (540) 665-OOM PACSIMII.E: (540) 7224051 May 23, 2011 Mr. K. Wayne Lee, Jr. Coordinator of Planning and Development Frederick County Public Schools 1415 Amherst Street P.O. Box 3508 Winchester, VA 22604 VIA FACSIMILE AND U.S. MAIL Dear Mr. Lee: T HOMAS MOORt LAWsON • II.AWSON(a)"PLC.COM Re: Carmeuse Lime & Stone Our File No. 462.013 As you may know, I represent Carmeuse Lime & Stone ("Canneuse") with regard to the rezoning application submitted for portions of property that it owns in Clearbrook. Further, I am in receipt of your letter dated April 18, 2011, which was attached to agency comments to the proposed rezoning. In your letter, you raise several questions and concerns related to this rezoning. With this correspondence, I respond to that letter. For your convenience, I have responded to the paragraphs as you have numbered them in your letter. As a general comment, Carmeuse takes every cautionary step to prevent impacts from its operations to not only its employees working on site, but also to its neighbors. Carmcuse enjoys a strong and positive record of working well with its neighbors in the communities where it operates. Certainly with this proposed rezoning, we expect nothing different. Furthermore, like any business or individual, we are liable for any damage or injury caused to another person or possession. Canneusc is also heavily regulated by not only State but also Federal authorities and it also carries significant insurance to protect third parties from any accidental occurrence. Carmeuse and any other operator of this mine will be required to act similarly and maintain its own insurance and abide by all applicable regulations. Paragraph 1 makes reference to a quarry wall collapse and whether measures are taken to avoid such incidents. FROtfr ROYAL AOuk"M: POsf 0r"Ct BOX 602, FRONT ROYAL, VIRCI.NIA 22630. ZLrIAONC: (540) 635-9415, FACSIMILI: (540)63i4121, F MAIL: �nsuQLYKXcoxxrrrrnM FAOVAZADDk SS: 10605 MAIN STIUZT, Sum 200, FAIR►At, VI1tcOtu 22030,TYLvaoMt: (703) 352-2615, FAC6R[ILt: (70>) 3524Iw, irMAIL:'MOMAcO.iaWSO"VxwzON-NET Mr. K. Wayne Lee, Jr. May 23, 2011 Page 2 Core samples are not an appropriate way to assess the stability of such a formation. Carmeuse's operations in Clearbrook and, indeed, in Middletown and Strasburg as well, involve the mining of limestone. Those mining operations have been continuously active by Carmeuse's predecessors dating back to at least the 1700s. During that time, we have not heard of, or are aware of, any collapse of the limestone walls. Indeed, the stone is very stable and the mining techniques that are used further ensure there will be no collapse. All mines operated by Carmeuse, including Clearbrook, are regularly inspected by both State and Federal authorities. Those authorities deal with all aspects of mining operation and especially safety issues. They further have regulations that must be, and are, strictly adhered to in order to address those issues that include, but are not limited to, stability requirements. Furthermore, Regulation 4VAC25-31- 330, Protected Structures and Sensitive Features; provides that mining activities shall be conducted in a manner that protects cemeteries, public utilities, public buildings, public roads, churches, and occupied dwellings." Paragraph 2 asks a question regarding blasting damage. Carmeuse employs an outside contractor to conduct all of its blasts. The contractor uses the latest techniques for blasting and all blasts are controlled by computers. Further still, there are strict limits to all blasts to ensure there is no damage caused by the blast to adjacent properties and, although it goes without saying, to properties that are beyond the adjacent neighbors. Blasting done on behalf of Carmeuse is safe and is conducted in a manner so as not to impact nearby structures. Some neighbors have reported historically sensing or perceiving a rumbling or other sound at the time a blast is set off as part of the mining operation. We have offered to put our neighbors on a call list so they are advised prior to a blast occurring. Also, for neighbors who have advised they have sensed or felt a rumbling as part of a blast, we have offered to install seismographs on their property in order to get precise readings of the effects of the blasts. We have offered to place Stonewall Elementary School on the call list for blasts, but the School Administration has declined that offer. If you would like to receive a call as a representative of Frederick County schools, please let me know, and I will see that you are added to that list. Also, if you would like to have a seismograph installed on the school property, we will be pleased to coordinate with you on that task. Paragraph 3 discusses issues pertaining to dust. You are correct that dust is addressed on site to ensure that it does not leave the property. Indeed, it is part of the mining permit for the mine operator to ensure that dust does not migrate from the site. Regulation 4VAC25-40-740, Dust Sources; provides that sources of dust shall be wetted down unless controlled by dry collection measures. If you are experiencing or believe that dust is being allowed to leave the site, please let us know immediately and we will take appropriate measures to address this issue. Our dust is not a health hazard. Limestone dust is not classified as toxic by the Occupational Safety and Health Administration. Furthermore, the American Conference of Government Industrial Hygienists does not include limestone dust on its list of inhalation hazards. You have stated that you have read information indicating that respiratory tract ailments can result from inhaling quarry dust without specifying what type of dust is a concern. While repeated exposure to breathable (respirable) silica dust is known to cause lung ailments, tie limestone in the Clearbrook quarry has extremely low silica content (less than 0.1 %) and does not cause the ailments you describe. Also, employees are not required to wear respirators • • Mr. K. Wayne Lee, Jr. May 23, 2011 Page 3 for silica. As part of this comment you advised that you have read "...that limestone formations can contain asbestos." Although it is difficult to comment on information that you have read, you need to know that the limestone found in Carmeuse's quarries here in the Valley does not contain asbestos or chemical compounds that cause, or contribute, to asbestos. Indeed, the limestone that is mined in the Clearbrook area has been extensively tested and is very pure. Limestone dust is considered to be safe enough to mark the baselines on Little Lcague ball fields (and all other sports fields). It is commonly applied to farmers' fields in this area in quantities of hundreds of tons. Lime is also commonly applied to residential yards. . Finally, your comment hints at the suggestion that there may be general respiratory illnesses associated with living near the quarry operation. As stated above, Carmeuse and its predecessors have been in operation for many, many years. During that time we are not aware of respiratory or other problems affecting our neighbors, or for that matter, our employees. Furthermore, as time has progressed, regulations governing and restricting impacts from mining operations, including dust, have become more stringent. In response to those increasingly stringent regulations, Carmeuse's operations have developed so as to further restrict those impacts. Paragraph 4 asks questions regarding anticipated noise. Carmeuse has conducted noise evaluation studies to ensure that the neighbors who are immediately adjacent to the quarry will not be adversely affected by the quarry operations. Although it goes without saying, but it bears reminding, those properties that are further away from the quarry than the adjacent property owners will experience even lesser noise levels. The noise studies that have been conducted confirm that with the installation of berms the noise levels experienced by our immediate neighbors will be quite low and, indeed, less than the noise levels that are currently heard today coming from 1-81 and Route I 1 at those neighbors' houses. With regard to the school, the noise levels from the quarry would be even less and, so again, the predominant noise impact on the school would be from the noises that already exist coming from I-81, Route 11, and the railroad, not from the quarry. We will be glad to meet with you and share the noise level information generated by our sound engineering consultant, which was generated based on actual measurements of our equipment and ambient noise levels in the area. This paragraph also asks questions about a definition of acceptable noise levels. 'lhe Frederick County ordinance does prescribe that one cannot generate excessive noise from one's property so as to adversely affect a neighbor. Carmeuse certainly agrees with that, but with the sound attenuation measures that are currently undertaken and will be undertaken on the property to be mined as part of the rezoning, we are far less than those not -to -exceed limitations. The comment in Paragraph 5 appears to suggest a discrepancy in the impact analysis statement and plats generated as part of the rezoning and, in particular, the screening berm section. What our impact analysis statement indicates is that only a portion of the property will be actively mined, or will actually become a quarry pit. The berm will, of course, be located beyond the boundary of the active pit and will be installed in a manner to ensure that there is separation between the active quarry area and the adjoining properties. Also the berm drill be installed in a way that it not only mitigates sound, but it will also be planted and landscaped so it is an attractive barrier for the adjoining property owners. The actual size and location of the Mr. K. Wayne Lee, Jr. May 23, 2011 Page 4 quarry will also be dictated by the exact location of the limestone being mined. Accordingly there could be a variation in the size or location of the quarry as the mining operations proceed. Paragraph 6 asks whether DMME (Department of Mines, Minerals and Energy) regulates the distance that the quarry wall can be from a primary road or an emergency route. DMME regulates the distance disturbed areas (meaning the quarry pit) can be from the property line and that regulation says that it shall not extend closer than 25 feet to the property line. We are not aware of any specific regulation that requires any setback or distance from the roads. What all of this means is the closest the berm can come to the edge of our property/neighbor's property is 25 feet. The berm itself will be approximately 25 feet wide at the base so the minimum distance of any excavation (pit) can occur to the road is 50 feet. Paragraph 7 asks whether DMME regulates the steepness and height of quarry walls and benching, as well as slope stability analyses. The heights of the walls are determined on a site - by -site basis and are established by mining engineers. Benches are regulated by MSHA (Mine Safety and Health Administration). Regulation 4VAC25-31-370, Slopes; provides the grade of completed slopes shall be as described in the mineral mining plan. Long uninterrupted slopes shall be provided with drainage control structures, such as terraces, berms, and waterways, to minimize erosion due to surface run-off. Paragraph 8 asks whether DMME regulates dust control. In response, I incorporate my previous response and also advise that yes, DMME does regulate dust control. Regulation 4VAC25-40-740, Dust Sources; provides that sources of dust shall be wetted down unless controlled by dry collection measures. Paragraph 9 asks whether DMME regulates noise levels. Yes, again, DMME does regulate noise levels and they are particularly concerned about the exposure of noise to the employees who are actually working in and around the mine. Regulation 4VAC25-40-770, Employee Exposure to Noise Limit; provides that except for surface mines which are inspected by MSHA, employee exposure to noise shall not exceed the federal limit adopted for mineral mines. If exposure exceeds the federal limit, the director may require the mine operator to employ feasible engineering and administrative control measures. Operators shall provide hearing protection upon request. As for noise levels outside the quarry property, they would certainly be less than what our employees are exposed to. Our sound engineer assures us that noise levels from mining outside the property will be less than the ambient noise from Route 1 I and I-81. Again, we will be glad to meet with you and share the noise level information. Paragraph 10 asks whether DMME regulates the distance that a quarry wall can be from a school. No, there are the setbacks as referenced in response to your question 6. There are also setbacks called for by the Frederick County Zoning Ordinance that will apply. We are not aware, however, of any specific setback that distinguishes between differing types of properties. Paragraph 11 asks about other uses that are allowed in the Extractive Mining district and whether those uses could have an impact on pupil transportation. The question further asks again about impacts from noise, dust, and adds a comment about a potential odor that may come from the site. Mr. K. Wayne Lee, Jr. May 23, 2011 Page 5 In response, we incorporate our responses as raised in your previous questions about dust and noise. With regard to the newly raised question of odors, we point out that Frederick County does not allow any property owner to generate offensive odors from its property to adversely affect a neighboring property. As you may or may not know, there is already an asphalt plant located on the Carmeuse property in Clearbrook. There is also an existing lime kiln and lime manufacturing facility on the Carmeuse property. From your comment, I take it that the school has not experienced a problem, difficulty, or irritation as a result of that plant's operation. Carmeuse does not anticipate installing other uses on the property to be rezoned other than a mining operation and we would not expect there to be issues such as those raised in your question/comment 11. Finally, your question/comment suggests that there may be additional vehicle trips onto Route 11 as a result of the rezoning. Carmcuse's rezoning provides that there will be no additional entrances installed to and from the rezoned property to Route 11. Carmeuse intends to use its existing entrance. Accordingly, we would expect no additional vehicle trips on Route 1 I and, therefore, do not expect any disruption to pupil transportation. Interestingly, the Frederick County Comprehensive Plan depicts the area that Carmeuse is seeking to rezone to CM to be Industrial. If that Comprehensive Plan were followed and the property was zoned to Industrial instead of EM then almost certainly there would be a series of industrial facilities constructed across the street from the school, and we would expect that there would be a significant increase in truck and automobile traffic on Route 11. Again, that circumstance will not occur as part of Carmeuse's proposed rezoning. I trust that the above adequately responds to your questions/concerns. If, after reviewing this, you have still additional comments, please do not hesitate to contact me, and we will be pleased to get back to you with additional responses and information. Thank you for your interest in our proposed rezoning and operations. l'ML:atct cc: Carmeuse Lime & Stone Frederick County Department of Planning & Development n • LAWSON AND SILLK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE Box 2740 WINCHESTER, VA 22604 'TELEPHONE: (540) 66-"050 FACSIMILE: (540)722-405I May 11, 2011 Roderick B. Williams, Esquire County Attorney Michael T. Ruddy, Deputy Director Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601 '17IOhIAS MOORS LAWSON - -rI.A WSONL I.SPLC.COhI Re: Carmeuse Lime & Stone Our File No. 462.013 VIA E-MAIL AND FACSIMILE Dear Gentlemen: As you know, last week a rezoning application for Carmeuse Lime & Stone was filed with Frederick County. Since the filing, there has been correspondence by and between Frederick County Planning and Carmeuse and its engineers regarding the application and, specifically, demanding that Carmeuse file with its application a surveyed plat depicting the existing zoning line on a portion of its property that has been requested to be rezoned. As the application indicates, Carmeuse is seeking to rezone portions of property that it owns and, has owned for years, and all the tract of land that was more recently acquired and has been described as the Martin Farm. Depicting the existing zoning line on the larger parcel (144) is problematic because there are several different plat references to the location of the zoning line from EM to RA in the Frederick County files. Further still, this has been made more complicated by the fact that historically, when the zoning was created and imposed on property in Frederick County, all of the properties owned by the W.S. Frey Company, Inc. quarry were designated as EM. Parcel 144 is a tract of land that was owned by W.S. Frey Company, Inc. at that time and we believe was or should have been zoned EM at that time. More recently we have received correspondence from Mike Ruddy of Planning that he believes depicts a rezoning that was filed for approximately thirty acres south of the then existing Walters Mill Lane. As I recall, there was a filing in the 1990s and it was done as part of an agreement to relocate and construct improvements to Walters Mill Lane. Unfortunately that plat does not give us much guidance; because Parcel 144 (depicted as Parcel 96 on said plat) shows EM zoning on all of Parcel 144. FNox FI ovm. A noR"S; Posr OrFIC[ RoX 602. I`Po r IIOYAt, VIRGINIA 22620JEunIONr.: (540) 6359415, FAcmI,ULC: (54@) 635-9421, E-0IAIU SILT.RJµI.YKXCONN6Cr.COM FAIRTnx ADDR 53: I69M MAIN SIEFLT, Sun[ 200, FAIN MX, VIRGMM 12030, TFLFreonF: (707) 351-2615, FAcMMns: (703) 35241", L-MAIL: TIIUMA50.LAw5Gt49vF.IuwnxFT Roderick B. Williams, Esc ire, et al. May 11, 2011 Page 2 The County has a responsibility of maintaining and updating zoning maps. Obviously, there is confusion within the County files as to the exact zoning line across Parcel 144. The good news is this rezoning proposes to rezone in its entirety Parcel 144 and thus clear up any confusion in the County files. It is further Carmeuse's position that to try to define the exact location of the FM/RA zoning line on this tract of land is an impossible task and, again, arguably, may not be required to be done at all given the historical designation of all of the W.S. Frey Company, Inc. land &s EM back when zoning was first imposed upon the real properly in Frederick County. Fortunately, with regard to the Martin Farm none of these issues exist. The Martin chain of title was such that it was never owned by W.S. Frey Company, Inc. or any of its related entities. This property, although it is bounded on all sides by quarry property and Route 11, is well defined and clearly zoned as RA. Therefore, in an effort to move this matter forward and after consultation with the County Attorney, it is Carmeuse's suggestion that the application for rezoning, which includes copies of plats depicting existing zoning as is reflected on the County's wcbsite, along with a metes and bounds description for Parcel 144 and the Martin Farm parcel, is sufficient to satisfy the requirements of the Frederick County ordinance, which requires "a survey or plat of the entire parcel with the location of all proposed zoning boundary lines." No one can dispute that the survey of the entire parcels (both Parcel 144 and the Martin Farm) has been filed and submitted with the application. Further still, the proposed zoning boundary lines are also more than adequately depicted because what is proposed is to zone in its entirety Parcel 144. With regard to the comments about depicting the existing demarcation line between EM and RA, that "requirement" is no where found in the application materials, which "...must be submitted..." as part of the rezoning application. We are aware there are filing deadlines that have now passed in order to get on the upcoming agendas for Planning Commission and Board of Supervisors. Accordingly, we request that this application be deemed as filed so we do not miss any upcoming deadlines and, in particular, so that this rezoning can be heard by the Planning Commission at its June 15`h meeting. Thank you for your anticipated assistance and cooperation. If you have any questions or comments, please contact me immediately. V eryltrjilylours, Th mas Moore Lawson 'fML:atd cc: Canneuse Lime & Stone 11 • PIZOPOSED PIZOFFEIZ STATEMENT REZONING: RZ9 01-1 1 Rural Areas (RA) to Extractive Manufacturing (EM) PROPI RTY: 92 Acres -t-/-; .I'm Map Parcels 44-A-83 and 44-A-83A and a portion of "fax Map Parcel 33-A-144 (the "Properties") R1:COIZD 0%%`NFR: O-N Minerals (Chemstone) Company d/b/a CarnleLISe lime & Stone A1) Pl. iC AN'1 ; O-N N/finerals (Chemstone) Company d/b/a Carnlcuse Lime & Stone ("Applicant") 1)R03F(-I' NAN4f : WInchcster/Clcarbrook OR161NAI. i)ATF OF PROITFRS: February 8, 2011 RFVISION I)A i 1:?(S): .It1l1C 2, 201 l..lunc 21. 2011. July 12. 2011. September 12. 2011 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which arc requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit l," shall be in strict Collf01'i11a11cc With tilC follCt�wlilg conditions, wllich shall supersede all Other proffers oil the properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdra\\n and shall be null and void. Further, these proffers are contingent upon final I'e'I_elllilg el the Properties with "final rezoning" defined as that rezoning which is Ill effect Oil the day tollowing the last day upon which the Frederick County Board of Supervisors' (the -Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved. the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed. or, if' appealed, the day following which the ciccisio�n has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any prevision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion Of the properties ad.jaccnt to of including the illlprOVernent Or Other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from confOCllling with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include .within its meaning all future owners and successors in interest. • • Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the alining permit approved by the Division of Mineral Minim ("DMM") of the Virginia Department of Mines. Minerals and Energy ("VDNIME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of' Virginia. 1.2 The Applicant hereby profilers not to engage in the following use on the Properties: Asphalt and Concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary Toads shall be limited to the existing quarry entrance on 13rucctown Road (Route 672) unless another entrance is agreed upon by Frederick County or VDOT at some time in the future. Access by vehicles needed I'M periodic maintenance of the Properties shall not be limited. ?? A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat Idei dried as "Exhibit 2." rile landscaping shall have a mix of dCcidLIOtls aild coniterous plantings placed in a I'andom manner to be consistent Nvith existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. The Applicant will put the Martin lal-I1111otlSe into adaptive reuse in the future. III the intffilll, pursuant to an instrunlent which is recorded in the land records of Frederick County, Mrs. (Martin continues to reside in and possesses a "life estate Interest in the farmhouse. Further, a Phase It Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 4. Dust Control 4.1 Dust From drills, pluck piles, material handling. screens, Crushers. coliveyol-s, feeders. hoppers. stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environillental Quality ("VDEQ'') general all' permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. • S. Blasting Control 5.1 All blasting associated with miniIlg Operations On the Properties shall be limited by the mining permit approved by the DMM of the VDMiVII'. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties CaLISCCI by hlasting on the Properties shall be remediated at the Applicant's expense. 6. Trafl is 6.1 The Applicant proposes as part of this rezoning to not install entrances for Vehicular traffic on Route I I unless agreed by Frederick County or V DOT at sonle tinle in the future. The Applicant proffers to continue to use its existing entrance on BrucctoVVm Road (Route 672). The result Of the use Contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit oil Route 11. In the future, given that there will be no Vehicular trips to and from Route 1 l From the Properties, the number of Vehicular trips will decrease from not only the existing status but also what NVOuld be contemplated should the Properties be developed or zoned to any Other use including. but not liillited to. industrial which is what is currently depleted oil the COLinty'S COMPI-ClICI1S1Ve Plan for the Properties. 6.2 within the fifty loot (50') setback from Route 11, the Applicant agrees to dedicate up to twenty feet (20') to Frederick County or the Virginia Department of Transportation within thirty (30) days of demand of said dedication from either Frederick County or the Virginia Department of Transportation for the purposes of' expansion of Route 1 1 (Valley Pike) to install additional lanes of travel and other improvements associated with the Route 1 I (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-way. In the event the dedication and subsequent Clevelopnlent of said land shall adversely affect the aforementioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. 7. (operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit oi' behind berms. 8. Lighting R.l There shall be nO affixed lighting Structures above-grOund Oil the berms other than as may be required for or provided by regulations that affect the plant operations, including. but not limited to, Mine Safety Health Administration ("MSIiA''). VD\,IML. and any other governmental or regulatory body that oversees mining 3 • operations. Lighting used for devices or machines that convey materials or for pit CruShlllg facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. �). Air Permit 9.1 Tile Applicant shall maintain its existing general air permit controlling emissions in accordance wil.h the VDFQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10. I',il�'l l'011171e11L 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System \vater discharge permit already in place. the Applicant agrees to work With a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a duality that satisfies the requirements of all applicable discharge permits. bl RCSPCCtI'L11ly submitted. O-N N,IINIL-,RAI,S (CI-IFLN4STONE-) COMPANY d/h/a CAR\MFUSE LIME & STONE f ts: A9-0� C)PGtLA-jjtAJ'-5 C.'0fv1,'v1(.)NWT*ALTI-I OF VIRGINIA, AT LARGF? COUNT-F)" OF FRII-DERICK. to-\\'iL: The foregoing instrUMC11t waacknowledged before Inc thisx (lay o 2 011, by 0, ARY My Commission expires 19 Registration number 0 FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83 COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FRFDE.RICK. to -wit: The foregoing instrument was acknowledged before me this day of 2011. b1- FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83. �V A NOTARY BLIC F. Fa My commission expires:_ _ Registration number: = h. MY cc TH Ci 'irUrill"1% G • Eric Lawrence From: Eric Lawrence Sent: Monday, September 12, 2011 1:44 PM To: 'Ty Lawson' Cc: Mike Ruddy Subject: RE: Carmeuse rezoning staff report Hi Ty. The staff report prepared for the Board was consistent with that provided to the PC, with the additional of the 8/3/11 PC meeting summary. The omitted letters could be handed out at the Board as they were as the PC. Mike is back in the office this week, so he'll be presenting the Carmeuse application to the Board on Wednesday. Thanks -Eric From: Ty Lawson Finailto:tlawson@Isplc.coml Sent: Monday, September 12, 2011 1:33 PM To: Eric Lawrence Subject: RE: Carmeuse rezoning staff report Please see the attached letter. Thanks, Ty From: Eric Lawrence[mailto:elawrencPco.frederick.va.usl Sent: Monday, September 12, 2011 9:08 AM To: Ty Lawson; Ronald A. Mislowsky Subject: Carmeuse rezoning staff report Good morning Ty and Ron. Attached is the staff report for Carmeuse. The entire 9/14/11 Board agenda item is accessible at: http://www.co.frederick.va.us/planning/­`BOS/­pdfs/BOS 09-14-11 Rezoning 01-11 CarmuseNA Clearbrook.pdf Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 1 0 0 1 54?-665-6395 (fax) e awrencoco.frederick.va.us www.FrederickCountyVa.gov/Planning www.FrederickCountyVa.gov No virus found in this message. Checked by AVG - www.ava.com Version: 10.0.1392 / Virus Database: 1520/3891 - Release Date: 09/11/11 0 Cedar Cree Battlefzeld Foundation September 9, 2011 Mr. Richard C. Shickle Mr. Charles S. Dehaven, Jr. Mr. Christopher E. Collins Mr. Gene E. Fisher Mr. Bill M. Ewing Mr. Gary A. Lofton Mr. Ross P. Spicer Frederick County Board of Supervisors 107 North Kent Street Winchester, VA 22601 Gentlemen: <1? O. (BwC 229 91,fidAetmwn4 Vq 22645 7e(epfione (540) 569-2064 Pav(540) 569-14.35 cedarcrk@visuallink.com www.cedarcreekbattlefield.org I understand that Carmeuse Lime and Stone has asked for lands at or near their Clearbrook quarry to be rezoned and will be appearing before you in the near future with this request. While the Cedar Creek Battlefield Foundation has no direct involvement in the current rezoning, I do want to make you aware of the working relationship we have experienced with Carmeuse since the Middletown rezoning in 2007. The thing that has always impressed all of us at the Foundation is how easy it is to contact and communicate with the staff and leadership of Carmeuse. My further observation is they treat everyone with professional courtesy. We have also found that their follow up on matters they agree to review actually occurs in a timely fashion. While their good communications and professional courtesy are appreciated, what really matters to us is that they keep their word and follow through on their agreements. In 2007, the Foundation entered into an agreement with Carmeuse, and thus far they have completed or are completing those items they agreed to accomplish. In addition, Carmeuse has been a good neighbor to the Cedar Creek Battlefield Foundation and regularly provides local employees to assist with our annual reenactment, stone to stabilize our field roadways, and archeological studies to identify historic resources. I hope you find this information helpful in your deliberations of their recent rezoning request. Sincerely, Timothy S. Stowe President • • SEP 2 2011 • • Eric Lawrence From: Ty Lawson [tlawson@lsplc.com] Sent: Wednesday, September 07, 2011 5:23 PM To: Eric Lawrence; 'Ronald A. Mislowsky' Subject: RE: Carmeuse Attachments: Exhibit_2.pdf; Proffers.pdf Per your request, attached are the signed proffers and exhibit #2. Thanks, Ty From: Eric Lawrence[mailto:elawrencCabco.frederick.va.us1 Sent: Wednesday, September 07, 2011 1:09 PM To: Ronald A. Mislowsky; tlawson(a)lsplc.com Subject: Carmeuse Ty and Ron- Mike's on sick leave recovering from surgery, and in his absence I'm assembling the Board's Sept 14th agenda where the Carmeuse application will be considered. I understand that there is now signed proffers (that go with the July 12, 2011 proffer revision), as well as an Exhibit #2 dated July 28, 2011. But I'm not finding these two documents in my file. Please send me a PDR of these two documents so that I can include them with the Board's agenda. I submit the agenda first thing Thursday (tomorrow) morning, so prompt response is appreciated. Thanks! -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc a()co.frederick.va.us www.FrederickCountyVa.gov/Planning www.FrederickCountyVa.gov No virus found in this message. Checked by AVG - «r«,v.avg.com Version: 10.0.1392 / Virus Database 1520/3882 - Release Date: 09/07/11 PROPOSED PROFFER STATEMENT REZONING: RZ# 01-11 Rural Areas (RA) to Extractive Manufacturing (EM) PROPERTY: 92 Acres +/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of Tax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone APPLICANT: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone ("Applicant") PROJECT NAME: Winchester/Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit U' shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1. Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on Brucetown Road (Route 672) unless another entrance is agreed upon by Frederick County or VDOT at some time in the future. Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. The Applicant will put the Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental Quality ("VDEQ") general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. NJ 5. Blasting Control 5.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the DMM of the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at some time in the future. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. In the future, given that there will be no vehicular trips to and from Route l I from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 6.2 Within the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate up to twenty feet (20') to Frederick County or the Virginia Department of Transportation within thirty (30) days of demand of said dedication from either Frederick County or the Virginia Department of Transportation for the purposes of expansion of Route 11 (Valley Pike) to install additional lanes of travel and other improvements associated with the Route 11 (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-way. In the event the dedication and subsequent development of said land shall adversely affect the aforementioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. 7. Operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. 8. Li htin 8.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSHA"), VDMME, and any other governmental or regulatory body that oversees mining 3 operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10. Environment 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. 4 • • f Respectfully submitted, O-N MINERALS (CHEMSTONE) COMPANY d/b/a CARMEUSE LIME & STONE By: ZA eS • � OM Its: G�pe1 ct r mr.S M"e_ r— COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this C�Lwaay of 2011, by c 5 E Be f-n ro OTARY PUBLIC My commission expires: Registration number: LI = REG # 357188 '. Z MY C(3 Iuts-Rim ENPIRES :?,`' M3o/2p o�, ALTN Oky��`�• II'lliftjj,tiJ\ lip FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83 COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83. 50AT.� Q0,'��'% �!� 'NOTARY AP NOTARY PU13LIC PUBLIC My commission expires29 # °2q3 RE G 1MISSION Registration number: % (EXPIRES ��,• 10l3i120 6 0 I ` y rY: loi. �I LANnsCAPE BERM/ OPo- (.. APPROX. 10 F7. HIGH d 000, r ` t ♦ I O �' a t /♦I • ROy�, ;.. ;yam QP ?V • / ♦ �+ EXISTINGuunwev • �/\�OPCRATIONB" Y MARTIN FARM �- LIFE ESTATE `may d►� �` �r. ;'• J, � . • ate. .� ,ice f Eric Lawrence From: Ty Lawson [tlawson@Isplc.comj Sent: Thursday, September 08, 2011 4:03 PM To: Eric Lawrence Subject: FW: Carmeuse Exhibit with new Date Attachments: Revised Exhibit 2 9-8-11.pdf Eric, attached is a revised exhibit 2 with a date that predates the proffers, thanks, Ty No virus found in this message. Checked by AVG - Nvnvw.avg.com Version: 10.0.1392 / Virus Database: 1520/3883 - Release Date: 09/07/11 @cALE r-wa �l7 is wmu ar u � �� I io II�■R�I OEM to RE K.Mo ■M WES up0 EXUVAR OE 1■■10 HE nswn o■r Inwc M wC WES ■1— W So rr a/s" o■uo l0 RE .-T-ED To II[ E.RRI wucn[AaE }27 IRS 10um •ww n EI Ot n( ■WI-6-Y. ' S —11�t--'—.AaCE � I w• ■�IMI nIEiw O MEtM1G .PMIo.�K. r`u aPOKMR aS SECTION A x� + I? ■mu1 10l us cola 1� I / iM r.+o. w I+ it a W aslwa o1oEo tl -{I N � SECTION B X W Z O w O d V) Of !$ =1 m w C e w § kf J U U 31 411 u Eric Lawrence From: Ty Lawson [tlawson@lsplc.comj Sent: Wednesday, September 07, 2011 5:23 PM To: Eric Lawrence; 'Ronald A. Mislowsky' Subject: RE: Carmeuse Attachments: Exhibit_2.pdf; Proffers.pdf Per your request, attached are the signed proffers and exhibit 42. Thanks, Ty From: Eric Lawrence[maiIto: elawrencO)co.frederick.va.us] Sent: Wednesday, September 07, 2011 1:09 PM To: Ronald A. Mislowsky; tlawson@Isplc.com Subject: Carmeuse Ty and Ron- Mike's on sick leave recovering from surgery, and in his absence I'm assembling the Board's Sept 14th agenda where the Carmeuse application will be considered. I understand that there is now signed proffers (that go with the July 12, 2011 proffer revision), as well as an Exhibit #2 dated July 28, 2011. But I'm not finding these two documents in my file. Please send me a PDR of these two documents so that I can include them with the Board's agenda. I submit the agenda first thing Thursday (tomorrow) morning, so prompt response is appreciated. Thanks! -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(a�co.frederick.va.us www.FrederickCountvVa.qov/Planning www.FrederickCountyVa.gov Into virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1392 / Virus Database: 1520/3882 - Release Date: 09/07/11 • • Eric Lawrence From: Ty Lawson [tlawson@lsplc.com] Sent: Wednesday, September 07, 2011 5:23 PM To: Eric Lawrence; 'Ronald A. Mislowsky' Subject: RE: Carmeuse Attachments: Exhibit_2.pdf; Proffers.pdf Per your request, attached are the signed proffers and exhibit #2. Thanks, Ty From: Eric Lawrencefmailto:elawrenc(a)co.frederick.va.usl Sent: Wednesday, September 07, 2011 1:09 PM To: Ronald A. Mislowsky; tlawson()Isplc.com Subject: Carmeuse Ty and Ron- Mike's on sick leave recovering from surgery, and in his absence I'm assembling the Board's Sept 14th agenda where the Carmeuse application will be considered. I understand that there is now signed proffers (that go with the July 12, 2011 proffer revision), as well as an Exhibit #2 dated July 28, 2011. But I'm not finding these two documents in my file. Please send me a PDR of these two documents so that I can include them with the Board's agenda. I submit the agenda first thing Thursday (tomorrow) morning, so prompt response is appreciated. Thanks! -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrencno co.frederick.va.us www.FrederickCountyVa.gov/Planning www.FrederickCountyVa.gov No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1392 / Virus Database: 1520/3882 - Release Date: 09/07/11 0 0 Mike Ruddy From: Ty Lawson [tlawson@lsplc.com] Sent: Wednesday, August 03, 2011 9:46 AM To: Mike Ruddy Subject: CARMEUSE Attachments: Berm Exhibit 2 8-3-11.pdf Mike, As a follow up to our telephone call of yesterday, please find a revised Exhibit 2, which I believe incorporates all of the changes we discussed. Unless I hear from you to the contrary, I will assume you are in agreement that this revised Exhibit 2 is acceptable to the County. I will have this revised Exhibit 2 delivered to you this morning on disk. My plan is to submit only this Exhibit to Planning Commission this evening as opposed to giving all the other Exhibits. It seems to me that giving the old ones plus this new one would be somewhat confusing. I will assume you agree to this strategy unless I hear from you. Thanks for all 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(@lsplc.com The information contained in this message is information intended only for the use of the 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. Thank you. IYO.L OVA. SECnON A Mir RIOTS ,O K KMMD ON MIS l EYU ATTO. OF 11--w0 N, f-'W MIS .MI O( SO 11 "'1" W. 10 R YAw1Y(D 10 -[ I -RI„ w--CO l M S louno .— ,f r, ar n[ r ,-O --1 AS b-t- f. S L K "ID riN1 O. KM a .lOr,O Ii- .. Mn —,1- /I �ww Ir 1 SECTION B SCREENING BERM SECTIONS SCALE: 1'-20' PROPOSED SCREENING SCALEr aw (V L m X W Z o L'i O to tY D ED w � a L < —J U U 0 Mike Ruddy From: Rod Williams Sent: Friday, July 29, 2011 2:31 PM To: Eric Lawrence; Mike Ruddy Subject: Carmeuse - Clearbrook Eric/Mike, As I will not be here next week, I wanted to get to you the comments that I have on the revised proffers: In Proffers 2.1 and 6.1, the changes regarding access to Route 11 actually make the proffers less restrictive than they were previously. I do not believe this presents a legal impediment to proceeding, but I just wanted to draw attention to the fact that this is the opposite direction from the way things usually proceed (though I recognize that at least one member of the PC encouraged this change). In Proffer 3.1, regarding the commitment for adaptive reuse of the farmhouse, the Proffer simply commits to do so "in the future". Without any definite time stated, this is not really a commitment. In Proffer 6.2, the last sentence, regarding effects of future development on the buffering and screening, the Proffer likewise makes no actual commitment, instead saying "the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening." Should anything come up next week, you can reach me at 703-927-8403. e Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia(a)co.frederick.va.us MEMORANDU TO: Michael T. Ruddy, Deputy Director FROM: Thomas Moore Lawson, Esquire /AW DATE: July 27, 2011 Re: Rezoning Application 401-1 1 Our File No. 462.013 Per your request, enclosed please find the original signed Proffers regarding the above -referenced matter. Thank you. E PROPOSED PROFFER STATEMENT REZONING: RZ4 01-1 1 Rural Areas (RA) to Extractive 1Vlanufacturing (EM) PROPERTY: 92 Acres -F/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of "fax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: O-N Minerals (Chemstone) Company d/b/a Carnlellse Lime & Stone APPLICANT: O-N Minerals (Clncnlstone) Company d/b/a Carmeusc Lime & Stone ("Applicant") PROJECT NAME: Winchester/Clcarbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): .Tune 2, 2011, June 21, 201 1, July 12, 2011 Tile Undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit 1," shall be in strict conformance with the following conclitlons, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are Co11tillgCnt Upoll filial rezoning of the Properties with "final rezoning" defined as that rezoning which is ill effect on the day following the last day upon which the Frederick County Board of Supervisors' (tile "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the clay following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the clay following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as all interpretation of ally provision of the proffers. The improvements profferecl herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and SUccessors Ill Interest. • • Land Use 1.1 The Properties shall be developed with extl'activc manufacturing land uses pursuant to the lllllllllg permit approved by the Division of' Mineral Mining ("DIvIM") of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Milling of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on Bruectown Road (ROLItc 672) Lidless another entrance is agreed upon by Frederick County Or VDOT at some time in the fl►ture. Access by vehicles needed for periodic maintenance ol'lhc Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted Oil the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a mix of decidLIOLIS and conilerOLIS plantings placed ill a random manner t0 be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of Unappealable zoning approval. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological Survey is that the Properties d0 not have historical signilicanec with the exception of the Martin ff11'111110LISC, fhc Applicant will put the Martin fal'11111OLISC into adaptive reLISC in the fLItUr'C. In the interim, pursuant to an 1nstl'LIIl1CIlt which is recorded in the land records of' Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase 11 Archaeological Survey of the area adjacent to a spying neat' the Martin I81'111110LISC is being COI1ClLICtCCI. 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traft►c areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department Of E'nV11'OIlilleiltal Quality ("VDEQ") general air permit. The Applicant shall remediate any adverse 1111paCtS t0 SLII'l'OLInCllllg 1)1'01)CI't1CS CaIISCd by dust associated with the lllllllllg OpCI'atiolls Oil the PI'OPCI'tics. 2 s 5. Blasting Control 5.1 All blasting associated \with mining operations oil the Properties shall be limited by the mining permit approved by the DMM of' the VDMML. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 Lulless agreed by Frederick County or VDOT at some time in the future. The Applicant prOffcl's to continue to use its existing entrance on Brucetown Road (Route 672). The result Of' the LISC contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on ROLIte 1 1. In the future, given that there will be no vehicular trips to and from Route 1 1 from the Properties, the number of vcllicular trips will decrease from not Only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's ConlprellensivC Plan for the Properties. 6.2 Within the fifty foot (50') setback fi'orll ROLIte 11, the Applicant agrees to dedicate Lip to twenty feet (20') to Frederick County or the Virginia Department of' Transportation within thirty (30) Clays of demand of' said dedication fl'Onl either Frederick County Or the Virginia Department Of Transportation for the purposes of expansion of Route I I (Valley Pike) to install additional lanes of travel and other improvements associated with the Route 1 i (Valle), Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-\vay. Ili the event the dedication and Subsequent development of said land shall adversely affect the aforenicntioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. 7. Operational Noise Abatement 7.1 The Applicant will make all reasonable clTorts to locate Illlll►ng Machinery in the quarry pit or behind berms. 8. Lighting 8.1 There shall be no affixed llglltlllg StRICtUres abo\'C-gl'OLIIiCI oil the berms Other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSI-IA"), VDMML, and any other governmental or regulatory body that oversees mining 3 0 • operations. Llglltillg Used for devices or rilachlnes that convey materials or for I)it C1'L1Shling facilities and other milling activities is permitted. Conveying and pit crushing facilities shall also be interpreted aS including such other devices or activities that perform similar or related fLinctions that may come Into use and/or existence at some time ill the fLlture while the extractive Milling L1SC is Still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10. Environment 10.1 In addition to compliance with the Virginia Pollutant Discharge Lllminatlon System water discharge permit ah•cady in place, the Applicant agrees to work with a recognized environmental entity of' the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. 4 1] 11 Respectfully SLlbmitted, O-N MINERALS (CI-IEMSTONE) COMPANY d/b/a CARNIEUSE LIME & STONE By: Ja es 30 orn Its: 4r,cA COMMONWEALTI-I OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this ol?L'c►ay of U/ 2011. by SG c S AOVAY PUBLIC My commission expires: Registration number: Hs � • QO r` o f- - C , '�.c� PUBLIC C� ►4FG # 357188MY clalussjo'N '• EXPIf�ES V '. 4/30/20/3 c�`;, 0 PRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83 COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this r1� day of 2011, by PRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83. \0\IIIIIIIfill///Aliv] j NpTARY NOTARY PU LIC P' PUBLIC M commission ex Aires,= REGI! •24329 Y 1 —�n1issioN : _<� Registration number: % n '• r IK�S �/llllllll�\\ NON, `"q` fit • • J It Ul SECTIONS � 8 � e 7 rxs .+m __________----- - C MEMORANDU TO: Michael T. Ruddy, Deputy Director FROM: Thomas Moore Lawson, Esquire IATV �� U DATE: July 27, 2011 ti 1 IZC: Rezoning Application #01-11 Our File No. 462.013 Per your request, enclosed please find the original signed Proffers regarding the above -referenced matter. Thank you. te W'x, `r J A 1 35d�5 Sep� a PROPOSED PROFFER STATEMENT REZONING: RZ# 01-11 Rural Areas (RA) to Extractive Manufacturing (EM) PROPERTY: 92 Acres +/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of Tax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: O-N Minerals (Chemstone) Company d/b/a Car111CLlsc Lime & Stolle APPLICANT: O-N Minerals (Chemstonc) Company d/b/a Carmcusc Lime & Stone ("Applicant") PROJECT NAME: Winclicster/Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit 1," shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. Ill the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board Of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the clay following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control Or affect the meaning Or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 0 • T anrd T lcf- 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the alining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on Brucetown Road (Route 672) unless another entrance is agreed upon by Frederick County or VDOT at some time in the future. Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted oil the attached and incorporated plat identified as "Exhibit 2." "file landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. 'file Applicant will put the Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 4. Dust Control 4.1 Dust front drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental Quality ("VDEQ") general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. C 5. Blasting Control 5.1 All blasting associated with nliihnhg operations oil the Properties shall be limited by the mining permit approved by the DMM of the VDMML. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at some time in the future. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. In the fixture, given that there will be no vehicular trips to and from Route 11 G-onh the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 6.2 Within th fifty foot;(5)0'setback from Route 11, the Applicant agrees to dedicate up to twenty ee to hrederic]< County or the Virginia Department of Transportation within thirty (30) days of demand of said dedication from either Prederick County or the Virginia Department of Transportation for the purposes of expansion of Route 11 (Valley Pike) to install additional lanes of travel and other improvements associated with the Route I I (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-way. In the event the dedication and subsequent development of said land shall adversely affect the aforementioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. 7. Operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. 8. Li htin 8.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSI-IA"), VDMMB, and any other governmental or regulatory body that oversees mining 3 • 9 operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by [lie Applicant. 9. Air Permit 9.1 The Applicant shall maintain its existing general all' pei-mit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10. Environment 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. 4 • 1� f!�'`� � �' �r..yt v R•. � ryt<.r 1 r. 1 r icy • a r Yl 1 R 1 wi :MA FARM � e �. • t. f t d�= 1 Xur/1zi2011 >5:4b Fax y � t 9 LAWSON AND SILEK, P.L.C. 120 EXETER DRivE, SlITTE 200 POST OFFICE Rox 2740 WINCIIESFER. VA 22604 TELEPHONE; (640) 665-0050 FACsIMI1.F-- (540) 722-405r Date: �J FACS)<MILE COVER SHEET July 12, 2011 To: Mr, Michael T. Ruddy Mr. John Bishop Roderick B. Williams, Esquire From: Thomas Moore Lawson, Esquire (540) 665-6395 (540) 665-6395 (540) 667-0370 Re: Rezoning Application for Carmeuse, NA-Clearbrook Rezoning Number of pages including cover: 14 Message: Please see the attached. Thank you. 0 001/014 The information contained in this facsimile message is information intended only for the use of the 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 via the U.S. Postal Service. Thank you. FKoNrROYALAnnauePOST 0MCZBOX 602,FL ROYAL. VMCMA22630,T%I.g1O,fZi(Jr0)635.9415.PAC WLX;(.'AO)6J4Y4ZI,4MA1L•ML9X 1.YKXCOM(ECT,COM 0 0 UI/ I'L/'LU I I ID:4b rxx • 19 002/014 is LAWSON AND SILEK, P.L.C. 120 EXETER DRrvE, Surm 200 POST OFFICE BOX 2740 WINCtFESTER, VA 22604 TEi.r,PHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 July 12, 2011 TIIOMAS MOORE LAWSON • TLAWSONna VPLGCOM Michael T. Ruddy, Deputy Director John Bishop, Deputy Director Planning and Development Transportation County of Frederick County of Frederick 107 North Kent Street, Suite 202 107 North Kent Street, Suite 202 Winchester, VA 22601 Winchester, VA 22601 Re: Rezoning Application for Cameuse NA-Clearbrook Rezoning Our File No. 462.013 VIA FACSIMILE Dear Gentlemen: As a follow-up to our recent meeting, enclosed please find a redlined and clean version of the Proffers, which addresses the items that were raised at the Planning Commission meeting and which we discussed in greater detail. Specifically we have made a provision for the dedication of an additional twenty feet across the property whenever a demand is made of same from either Frederick County or VDOT. Further, we have made a provision for an entrance on Route 11 provided the same is approved by Frederick County or VDOT_ With these revisions, we understand that the concerns of the Planning Commission have been adequately addressed, if you are aware of anything else, please let me know. By copy, I am sending this to Rod. Williams so he has the benefit of these latest revisions and can make whatever comments he deems appropriate from the perspective of the County Attorney's office. As always, I appreciate your assistance and cooperation. TML_atd Enclosure cc: Carmeuse Lime & Stone Roderick B. Williams, Esquire FRONTROYALADbRmn: FoYT 0"n 94 60LFRmTROYA4VMCINIA 22630, Tcvr,ronR:(VA)R.K-'NIS- FACMM1U:j9010.�'N2I-C44A[LJIMXXO L_1—HA:mzturCOM 07/12/2011 15:47 FAX U 009/014 PROPOSED PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) to Extractive Manufacturing (EM) PROPERTY: 92 Acres +/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of Tax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone APPLICANT: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone ("Applicant") PROJECT NAME: Winchester/Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit U' shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. in the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any pro,6sion of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 07/12/2011 15:47 FAX L J • a 0 10/0 14 Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on Brucetown Road (Route 672) unless another entrance is agreed upon by Frederick County or VDOT at some time in the future. Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. The Applicant will put the Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental Quality ("VDEQ") general air permit_ The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the raining operations on the Properties. 2 07/12/2011 15:47 FAX 0 011/014 Blasting Control 5.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the DMM of the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at some time in the future. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. In the future, given that there will be no vehicular trips to and from Route 1 l from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 6.2 Within the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate up to twenty feet (20') to Frederick County or the Virginia Department of Transportation within thirty (30) days of demand of said dedication from either Frederick County or the Virginia Department of Transportation for the purposes of expansion of Route 11 (Valley Pike) to install additional lanes of travel and other improvements associated with the Route 11 (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-way. In the event the dedication and subsequent development of said land shall adversely affect the aforementioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. 7. Operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. Lighting 8.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSHA"), VDMME, and any other governmental or regulatory body that oversees mining 07/12/2011 15:47 FAX 0 [a 012/014 • operations, fighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10. Environment 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. 11 07/12/2011 15:47 FAX • a 013/014 • Respectfully submitted, O-N MINERALS (CHEMSTONE) COMPANY d/b/a CARMEUSE LIME & STONE By: Its: COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by My commission expires: Registration number: _ NOTARY PUBLIC 5 07/12/2011 15:48 FAX 1a 014/014 • FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83 COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83. My commission expires: Registration number: NOTARY PUBLIC 61l U(/IZ/ZVII I0:4b rAA 0 LAWSON AND SILEK, P.L.C. 120 EXETER Dian E, Sum 200 POST OFFICE BOX 2740 WINCHF.STER, VA 22604 Tri.FPRONE: (540) 665-0050 FACSIMILE'. (540) 722-AO51 July 12, 2011 TIIoMAs MOORS LAWSON • TLAWSOH(a 7.,5PLC.COM Michael T. Ruddy, Deputy Director John Bishop, Deputy Director Planning and Development Transportation County of Frederick County of Frederick 107 North Kent Street, Suite 202 107 North Kent Street, Suite 202 Winchester, VA 22601 Winchester, VA 22601 Re: Rezoning Application for Cameuse NA-Clearbrook Rezoning Our File No. 462.013 VIA FACSIMILE Dear Gentlemen: As a follow-up to our recent meeting, enclosed please find a redlined and clean version of the Proffers, which addresses the items that were raised at the Planning Commission meeting and which we discussed in greater detail. Specifically we have made a provision for the dedication of an additional twenty feet across the property whenever a demand is made of same from either Frederick County or VDOT. Further) we have made a provision for an entrance on Route 11 provided the same is approved by Frederick County or VDOT• With these revisions, we understand that the concerns of the Planning Commission have been adequately addressed, if you are aware of anything else, please let me know. By copy, I am sending this to Roct Williams so he has the benefit of these latest revisions and can make whatevcr comments he deems appropriate from the perspective of the County Attorney's office. As always, I appreciate your assistance and cooperation. TML_atd Enclosure cc: Carmeuse Lime & Stone Roderick B. Williams, Esquire FROM ROYALADb2Y_U: Pori 0"1-9ox 60L FRONT ROYAL. V11L'I14IA I2630,TR,./I'„ NF:(.4O)(..\4'NISI FAC41VILE:(SIO)61�442I•L'-MwIL'JS11..[�J.d �•�����1[�,c.caM MobileM2 Industrial General tq EM Extractive Manufacturing -..dodo Business General ,.'�,�. A-• tit ( ,l •r• RP Residential Performance B3 Industrial Transition Light IN now, Ex. RA Rural Agricultural to be • • to(Approx. 92 Acres) LLJ SO Li _ ` �►o�� sue' ` Cn a1 ♦ '�� Lij LLJ �' �►�= Carmeuse NA Clearbrook, VA _7 Cl 9 v lu ��. Z X O W O W cr C13 • U ff"Q%v eG Jfx7 i 4i LANDSCAPING TO BE PROVIDED PER PROFFER 2.2. (THE LANDSCAPING SHALL HAVE A MIX OF DECIDUOUS AND OON6EROIIS FtAMTRIGS PLACED IN A RANDOM MANNER �I TO tE CONSISiDlT KITH EXSTNO VEGETATION PATTERNS) �I LANDSCAPE BERM 31 APPRO01. 6-10 FT. HEIGHT 6 U.S. ROUTE U.S. ROUTE 11 11/ � �t` F PRIVATE DRI �. . n I-; EXISTING GROUND —PIT WA!I I3 71 I� I� LANDSCAPING TO BE PROVIDED PER PROFFER 2.2. (THE LANDSCAPING SHALL HAVE A MIX OF DECIDUOUS AND CONIFEROUS PLANTINGS PLACED N A RANDOM MANNER TO BE CONSISTENT WITH EXISTING VEGETATION PATTERNS) LANDSCAPE BERM 6. APPROX. 6-10 FT. HEIGHT N3 IA —PIT WALL a SECTION B BERMS TO BE PLANTED WITH TREES UPON CONSTRUCTION. SCREENING BERM SECTIONS NO SCALE z z u'S PLANTING LIST PLAN77NG SPACING # WJK GWSCS RFM LIST PVWT AS SNONN QUARRY SIDE TOP OF BERM FRONT OF"EWMA 200.0" M W am PAMN WCATUM LOITf NAF= SOUADfYIAN SOVORUW AOW OM SOR046" KIM OWOUOUS PIAMI UST: AWNW AWW OPUS CIINIIrYM Apmmm bow as" W=M OAK" OIVTMEA PINTA 959M SASSWW RFlIIIY MOSI'mm VoIamw EVdSPiT11 RANI LGL w ARN PHIS RIM mC 90NLW FUS T RAM 909F1BM MF AW MIS STROM ARWW AZWP NOW QDW DIM, OCOM MS bum Alp am VIKKW Z1 O PLANTING LaCARIVE ONS ARE RLFITAIONLY. TREES ES TO n DO . BE PLACED AT RANDOM INTERVALS . Z s PLANTING LOCATIONS SHOMN ARE REPRESENTATIVE ONLY. TREES TO BE PLACED AT RANDOM INTERVALS. TYPICAL PLANTING SECTION NO SCALE I I Igl I I 41, :i :F C ,. i C.= i m m Z WD X W a � 1 z ` � s Lj m w fl a J Q C U U i� �f T 1 I� 0 I v. `� \ � � �� \ �� � � � \ � \� & Acoustical Engineering Solutions 0 0 Specific Levels of Common Noises (d6A)* dBA Common Noise Sources 130 Threshold of Pain 125 Chainsaw (3 ft) 120 Jet Aircraft Take Off (100 ft) _ Hammer on Nail (3 ft) 115 Carmeuse 110 Power Saw (3 ft) Noise 105 Analysis 100 Car Horn (10 ft) Color 95 Garbage Disposer (3 ft) Legend 90 Tractor, Lawn Mower (3 ft) _ 85 Bulldozer (100 ft) 80 Hair Dryer, Whistling Kettle Tractor Trailer on Rte 11, 75' from edge 75 of Pavement Loud Dishwasher/Washing Machine 70 TV, Vacuum Cleaner 65 Normal Conversation (3 ft, Noise from Clear Brook Mining w/ Berm 60 55 Clear Brook Residence Background Noise, 75' from Rte 11 Quiet Dishwasher/Washing Machine so - Refrigerator 45 40 35 30 -- Soft Whisper (2 ft) 25 _ -- 20 Concert Hall •Thin decibel level information has been excerpted from the LHH )LLH.org) and Clear Brook site measurements. • a Noise Source Carmeuse Property Line Existing Home Noise Level Contours 85 dBA 80 dBA 75 dBA 70 dBA 65 dBA 3i Route 11 'Y' a CAT D911 Dozer C AT 773E Ti 91 Cameuse Special Exception }r V Noise Analysis `�IA Berm Construction (Dozer; � Cnumwns C-1 ase io NO 2 ATE 28 Apnl 2C' ' r reaer,ek. MD 2' 703 301-84be227 SCALE NTS RAWN BY JVC Is 0 • PROPOSED SCREENING SCALE: l'-300' LANDCAPING TO BE PROVIDED PER PROFFER 2.2 cv vi �lz C o •d LANDSCAPE BERM �< APPROX. 10 FT. HEIGHT v L U.S. ROUTE 11/ PRIVATE DRIVE wo 1° Q � m O o n o - -'"STING GROUND N 0 - N n _PIT %ALL 25.GO 28�% vi �n APPROx. APPROX. a 1O « U o y I I 6 0 _ 3 LL SECTION A y H � T � y N 2 n + c LANDCAPING TO BE PROVIDED i PER PROFFER 2.2 � c LANDSCAPE BERM a w I RESIDENTIAL LOT �� APPROX. 10 FT. HEIGHT U.S. ROUTE 11 I I� c 0 _ _ - EXISTING GROIkID z PIT %ALL RESMIIAL T 25.00' 28.00' APPROX.�M W SECTION B BERMS TO BE PLANTED NTH TREES UPON CONSTRUCTION. THE SPECIES AND LOCATION OF X ALL TREES WILL BE APPROVED BY THE LOCAL W OFFICE OF THE U.S. DEPARTMENT OF FORESTRY, SCREENING BERM SECTIONS SCALE: 1"=20' W z 0 w z LANDSCAPING PER PROFFER 2.2 U 0 x o -- t FINAL LANDSCAPING BERM a (n m J ry LI_I o _ g z N O 0 z o t- < o O V1 I Z L� ro O N Q >> W y4 o g 2 = y = U � w W ¢ 2 O O U 0 • LAWSON AND SILEK, P.L.C. 120 FxFTFa DRIVE, SUITE 200 POST' OPPICF Box 2740 \VINC111,-ST1:I2, VA 22604 TL•'FFI'IIoNF: (540) 665-0050 FACSIMILE: (540) 722-4051 Ms. June Wilmot 412 Westside Station Drive Winchester, VA 22601 Mr. Kevin Crosen 361 Perry Road Winchester, VA 22602 Mr. George J. Kriz 547 Apple Pie Ridge Road Winchester, VA 22603 Mr. Brian Madagan 147 Blackburns Ford Drive Stephens City, VA 22655 Mr, Philip A. Lemieux 106 Dell Court Winchester, VA 22602 Mr. I-1. Paige Manuel 1 18 Armstrong Place Winchester, VA 22602 Mr. Stan Crockett 139 Panarama Drive Winchester, VA 22603 Re ,tune 2, 2011 IIIO\IAS MOORE LAR'SON • TLAwsONnLS1'LC.CON1 Mr. Roger L. Thomas 315 National Avenue Winchester, VA 22601 Mr. Greg L. Unger 668 Germany Road Stephens City, VA 22655 Mr. Charles L. Triplett 104 Opequon Woods Circle Stephenson, VA 22656 Mr. Christopher Mohn 316 Ridge Road Winchester, VA 22602 Mr. Lawrence R. Ambrogi 101 Armstrong Circic Winchester, VA 22602 Mr. Gary R. Oates 1073 Rcdbud Road Winchester, VA 22603 Carmeuse Lime & Stone Our File No. 462.013 FRONT IIorAEAmmEss: Posi OFFICE [lox 602. Faoxl ROYAL, VIRCISIA 22630 TElATHONE: (540) 635--9415, FAcsimiI.E: (540) 635-9,121, E-?IAII,: SILF. i(Jrnd.l'VXCO\NF,C"F.COD1 FAIRFAN ADDRF_95: 10805 MAIN STREET, SUITE 200, FAIRI'Ax, %'IRGINIA 22030Tra.Emian: (703) 352-2615, FACSIMILE: (703) 352.4190, E-AIAII,o'I'OoalASO.I,,o%'SDNr,vrauroN.Nr:T • • h/lembers of the Planning Commission .tune 2, 2011 Page 2 Dear ivladame Chair and Members of the Planning Commission: Enclosed please find revised Proffers for the CarmeuSC rezoning which is scheduled to be heard at your June 15"' meeting. As is often the case, proffers get revised as we go forward with the rezoning process, and this case is no exception. Carmeuse has had the benefit of several group meetings with its neighbors in the general Clearbrook-Brucetown area as well as one-on- one meetings with its immediate neighbors. These meetings have resulted in revisions to the Proffers over time. This latest version is revised to accommodate additional comments from the neighbors, specifically removing certain uses on the rezoned parcels and also amending the berm plan to accommodate comments from the Historic Resources Advisory Board as well as two of our immediate neighbors. The berm plan revisions are to provide for a break in the berm so that the view of the Martin house remains Unblocked from Route 1 I and also to soften the angle of the berm as it comes around the two end lots that are directly across the street from the elementary school. Lastly, we revised the language regarding the future use of the Martin farmhouse to confirm that it will be put into adaptive i'CUSC. I know that you all have made it clear that any amendments to the Proffers need to be done well in advance of any hearing so as to give sufficient notice to not only the Members of the Planning Commission and Planning Department staff, but also to members of the public. Accordingly, we have not only sent copies of this to you as Members of the Planning Commission but also to Planning Department staff so that this will be on file in their office. We will also give this to our neighbors, which includes all of the adjoining property owners as well as other neighbors in the Clearbrook-Brucetown community, when we meet one final time at the Stonewall District Ruritan Club on Jule 9"'. If' you are available, you are certainly welcome to attend. Thank you for your consideration of this rezoning. If you have any questions, please do not hesitate to give me a call. Very trul}j yo Thom is Moo TML:jk Enclosures cc: Carmeuse Lime & Stone Michael Ruddy, Deputy Director 0 • June 1, 2011 Dear Neighbor: Carmeuse would like to invite you to its next community meeting, which is scheduled for June 9, 2011, at the Stonewall District Raritan Club. Dinner will be served at 5:45 p.m. and the meeting will commence at 6:00 p.m. At this meeting, you will be able to review a copy of the final revised draft Proffers incorporating our neighbors' suggestions. Carmeuse would like the opportunity to review these With you and address any questions or concerns you may have before we present the Proffers to the Frederick County Planning Commission at its June 15, 2011 meeting. We hope you can attend this meeting and look forward to seeing you. Please note that if you cannot meet with us, you can call the project hotline at (540) 662-3856 to discuss any questiois or concerns. Very truly yours, Jim Bottom Area Operations Manager Carmeuse Lime 8 Stone , 508 Quarry Lane , PO Box 219 ° Clear Brook, VA 22624 o Tel: (540) 662-3855 ° Fax: (540) 662-4303 1 www.carmeusena.com 0 0 PROPOSEll PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) to Extractive Manufacturing (EM) PROPERTY: 92 Acres +/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of fax Map Parcel 33-A-144 (tile "Properties") RECORD OWNER: O-N Minerals (Chelllstollc) Company d/b/a Carmeuse Lime & Stone APPLICANT: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone ("Applicant") PROJECT NAME: Winchester/Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): Junc 2, 2011 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezonecl, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit I," shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be mill and void. Further, these proffers are contingent upoll filial rezoning Of the Properties with "filial rC/_oning" defined as that rezoning which IS ill effect oil the day following the last day upon which the Frederick County Board of Supervisors' (tile "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the clay following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the clay following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to Or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future mvners and SLICCCSSOI-S ill Interest. • 0 T and T Icr- 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the milling permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDIvIME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on I3rucetown Road (Route 672). Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." `fine landscaping shall have a mix of deciduous and coniferous plantings placed in a random planner to be consistent with existing vegetation patterns. Applicant proffers to plant trees ill the places identified on the attached and incorporated plat within one year from the date of' unappealable zoning approval. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological SL1rVCy oI the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. I hC Applicant will pLlt the Martin farmhouse into adaptive reuse in the future. Ill the interim, pursuant to an Instrument which is recorded in the land records of' Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Department of Environmental Quality ("VDEQ") general air permit. ThC Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations oil the Properties. I 0 • 5. Blasting Control 5.1 All blasting associated with Milling Operations on the Properties shall be limited by the mining permit approved by the DMM o1- the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediatcd at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. In the future, given that there will be no vehicular trips to and fr0111 ROLItC 1 1 from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed Or zoned to any other use illClUding, but not limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 7. Operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit Or behind berms. 8. Lighting 8.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for Or provided by regulations that affect the plant operations, iiICILICIing, but not limited to, Mine Safety Health Administration ("MSFIA"), VDMME, and any other governmental Or regulatory body that oversees mining operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Permit 9.1 The Applicant Shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 3 • 0 10. Environment 10.1 In addition to compliance with the Virginia Pollutant D►scharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the Nvater emissions from wwater flowing from the quarry operations on the Properties is of a duality that satisfies the requirements of all applicable discharge permits. 4 • C; Respectfully submitted, O-N MINERALS (CI'IEMSTONE) COMPANY d/b/a CARMEUSE LIME lac STONE I3y: 61A y-, e k-'l-V A Its: COMMONWEALTH OIL VIRGINIA, AT LARGE COUNTY OF FREDERICIC, to -wit: 'r The foregoing instrument was acknowledged before nie this day day of _(4( 1 ( , 2011, by—���r»�__`, q N ► I ARY PUBLIC My commission expires: =t,/� , '2 s . � t ®r j D. Registration number:? 5 FRANCES G. MARTIN as bolder of life estate interest in parcel 44-A- 83 COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing; instrument was acknowledged before me this d 7" ciay of 1174o6 f , 2011, by FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83. TAR(qUBLIC My commission expires: °'`��°�j °p0p0c P 16 51 1 Registration number: TOZ/ l CiG [°° L� o0 o o S]MdXd N0ISSIWW00 9SlS4l/ # 0�N onond < A2�b10N o °°°D°DID100� 6 `{ ` k . �- 'r � � is �• .`.y'., r O)w • A sir M 40 FT LANDSCAPE BERM APPROX. 10 FT. HI IlArl 'o 0, IQ ISTING QUARR ATION. j Ar MARTIN FARM LIFE ESTATE 0 LAWSON AND SILEK, P.L.C. 120 ExETER DRIVE. SUITE 200 POST' OFFICE Box 2740 \VINCIIESTER,VA 22604 TELEPIIONE: (540) 665-0050 FACSIMILE: (540) 722-4051 .lunc 2, 201 1 Mr. Richard C. Shickle 292 Green Spring Road Winchester, VA 22603 Mr. Charles S. Dehaven, Jr. 2075 Martinsburg Pike Winchester, VA 22603 Mr. Gene L. Fisher 246 Bush Drive Winchester, VA 22602 Mr. Gary A. Lofton 711 Buffalo Marsh Road Middletown, VA 22645 JUG! 2 2011 '1'Uom,kS MOOT, I,A\\'SON * T1 A\\'SON rT LSI'L('.COd1 Mr. Gary W. Dove 821 Apple Pie Ridge Road Winchester, VA 22603 Mr. Christopher E. Collins 120 Scsar Court Winchester, VA 22602 Mr. Bill M. Ewing PO Box 27 Stephens City, VA 22655 Re: Carmeusc Lime & Stone Our File No. 462.013 Dear Gentlemen: As you know, the Carmeusc rezoning is scheduled for the June 15, 2011 Planning Commission hearing. Along the way, we have had several meetings with our neighbors. Enclosed is a copy of all invitation that was SC11t to 0111' neighbors for What we believe will be the last meeting with them. If you have the 0111C, you are certainly welcome to attend. T1v1 L:j k 111c10S111'C cc: Carmeusc Lime & Stone Michael Ruddy, Deputy Director Fao.\ I Ito),u. Almiu m: Pose OF FI( 1 Ro\ 602, Fao\ I R01.u., VIRGI\IA 22630, TF.I.F:ruo.\'):: (5,10) 635-9,115, Fu snw.e: (540) 635.9-121, E-MAUL: SR.EK.ir L\;vscONNEULCou FA II]F\\AID UR FSS: 10805 MAIN ST It F.F:1, St'I I1: 200, Fula FA c, VIIm:%I \ 22030,'II:I.F:rOo.N 1:: (703) 352-2615, FAcsmul.E: (703) 352-1190, E-I\IA IL: TIIU\IASO.L,1\5 ;tiU5rn \'f:Rl%O\.Yk:T Winchester Virginia Operation -A NATURAL NATURAL CHEMICALS June 1, 2011 Dear Neighbor: CarllleLISC would like to invite you to its next community meeting, which is scheduled for June 9, 2011, at the Stonewall District Raritan Club. Dinner will be served at 5:45 p.m. and the meeting will commence at 6:00 p.m. At this meeting, you will be able to review a copy of the final revised draft Proffers incorporating our neighbors' suggestions. Carmeuse would like the opportunity to review these with you and address any questions or concerns you may have before we present the Proffers to the Frederick County Planning Commission at its June 15, 2011 meeting. We hope you can attend this meeting and look forward to seeing you. Please note that if you cannot meet with us, you can call the project hotline at (540) 662-3856 to discuss any questions or concerns. Very truly yours, Jim Bottom Area Operations Manager Carmeuse Lime & Stone • 508 Quarry Lane • PO Box 219 1 Clear Brook, VA 22624 • Tel: (540) 662-3855 • Pax: (540) 662-4303 1 www.carmeusena.com 0 6 Patton Harris Rust & Associates Memorandum Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PRA Winchester, Virginia 22601 H T 540.667.2139 F 540.665.0493 To: Mike Ruddy Organization/Company: Frederick County Planning From: Ron Mislowsky, PC Date: May 19, 2011 Project Name/Subject: Carmeuse Clearbrook Rezoning PHR+A Project file Number: cc: In response to County requests we have prepared an exhibit depicting the existing zoning boundary on TM Parcel 33-A-144 as we believe it can be bet described. Two copies are attached. Additionally we have revised the impact statement to clarify Paragraph C, Scope of Proposed Use. This revision brings the impact language in line with the current version of the proffer. We believe this completes the application and trust we can now move forward to Public Hearing. Please let me know if you have any questions. r U IL MAY 1 9 2011 6 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PH + Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Organization/Company: Address: Telephone Number: Date: From: Project Name/Subject: Via: 1\,tikc Rudd), Frederick County Planning 107 N. Kcnt Strcct Winchester, VA 22601 May 9, 2011 Ron IvIislowsky, PIS Carmcuse RezoiiiIlR M AY 9 2011 r. C Internal Project File #: Transmittal Quantity File # Date Description Transmitted Anlcncled Covcr Letter for Carmcusc ❑ Herewith 1 5/6/11 Rezoning ❑ Under separate cover Notes: Received by: Date: Material ❑ Originals ❑ Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ® Your Use ❑ Your Files ❑ Approval ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Prints • L7 LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE Box 2740 NVINCIIESTER, NIA 22604 TELEPHONE: (540) 66."050 FACSIMILE, (540) 722-4051 May 18, 2011 Roderick B. Williams, Esquire County Attorney County of Frederick 107 North Kent Street Winchester, VA 22601 THOMAS MOORE LAWSON •'('LANNISON(fil_SPLC.COD1 Re: Carmcusc Lime & Stone Our File No. 462.013 VIA E-MAIL AND FACSIMILE Dear Rod: Thank you for your recent e-mail concerning Carmeuse's stalled rezoning application. Following your suggestion, I enclose a plat, which depicts a zoning boundary line, but also correctly confirms that the exact location of the boundary is uncertain and that with the proposed rezoning the uncertainty will be resolved by rezoning any un-zoned portion of this parcel to EM. Let me know if this plat is what you were thinking of when you sent me your last correspondence. I am hoping this fits the bill and that with its submittal the rezoning application can proceed and this matter will be heard by the Planning Commission at its June 15" date. "Thank you for your anticipated assistance and cooperation. I look forward to hearing; from you shortly. Very trul}f of -S, Thoma Moore L wson TML:atd Enclosure cc: Carmeuse Lime & Stone FRONT ROYAL ADDRESS: POST OMrE 0oz 601, Mon R0YA1- %'IRGLNIA 21630, TEU'PIIONE: 1540) 605.9415 • FACSIMILE: (5401635.9411 • E-1•IAI L: JA1l.E h/a7uN)ONANUSIUR.COA1 FAIRFA.0 ADDRESS: 10505 MALN STREET, SUITE 200, FAIRFAX, VIRGL IA 21050, TTISPIIOYL: (702) J52-1615 • FACS1111IJ,: (703) J51.419D • GMAIL: TIIOMASOLA WSO.Na) VERIMN NET + o .13RUCEr 43L— e z 0 m < 3 -144 T.M A E ZO NING LAJ z 0 P OP OSED NING EM LJ BASED ON REVIEW OF AVAILABLE DOC E TS IN THE POSSESSION OF FREDERICK COU Y PLANNING, c) 2464 - 0 EXISTING EAR TO BE IN TH I 'ST Ty N"'r ION PROPERTY DARY U= CINII FAN EXTENSION PR VICINITY Of cr) m Of SOU AT N39* 56' 05" - 2601.16'. THE E U SE I RESOLVE ANY =11!TY OF LOCATIO FZONING BOUNDARY BY zLLJ C) ZONING ANY REMAINING ORTION CEL 144 WHICH IS IN RA ZONING 0 EM ZONING. z 'asl (AW M90) (ARC 10.78) BLOW UP AT 1 "=300' 0 is Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street P Winchester, Virginia 22601 H'�A T 540.667.2139 F 540.665.0493 To: Organization/Company: From: Date: Project Name/Subject: cc: Mike Ruddy Frederick County Planning Ron Mislowsky, PE May 6, 2011 Carmeuse Rezoning Memorandum In February, PHR+A submitted a rezoning application to review agencies as required by the Frederick County procedures. The project site of 92 acres is located on the east side of U.S. Route 11, just south of the Clearbrook Park property. The intent of this application is to rezone all portions of tax map parcel 44-A-83, 44-A-83A and any portion of 33-A-144 not currently zoned EM. The current zoning boundary is generally shown on Exhibit #1. This location is based on existing County records. As this line does not conform to a property line north of parcel 83A, the actual location is not tied to any fixed point of reference. If approved, this rezoning would remove any ambiguity as to the location of the EM zone boundary on parcel 144, relocating it to the existing property lines. We have received comments from the following agencies: VDOT Public Works - Comment Frederick County Fire Marshal Clearbrook Volunteer Fire Co. Parks & Recreation Frederick -Winchester Health Department Winchester Regional Airport Frederick -Winchester Service Authority Historic Resources Advisory Board — Comment Frederick County Attorney — Comment Frederick County Sanitation Authority (No Comment) Frederick County Public Schools Frederick County Planning Frederick County Transportation Planning Most agencies had no comment. In response to comments raised by the HRAB, the Applicant is looking at the berm locations in an effort to balance the needs to screen the quarry operations but also not to block the view of the Martin house. In response to Public Works' comments about the impact to adjacent residences, Carmeuse's operating permits require it to take the precautions to protect adjoining properties, and Carmeuse has had and will continue to have meetings with its neighbors concerning ongoing mining operations. Public 0 0 Patton Harris Rust & Associates Memorandum Page 2 Works also commented about the Convenience Center lease. Certainly Ca1711CUse intends to honor the existing leases and has entered into an agreement to address the adjacent balllields. Planning raised a concern regarding setback requirements. We understand that a waiver will be required to reduce the setback to extracted mining operations to the proffered distance. Therefore, we have attached a Waiver Application to reduce the 200 ft. required setback. We believe the best approach is to let this request track with the rezoning application. As noted in previous correspondence, we understand that the Frederick County Sanitation Authority will not be providing a comment. However, we would request that some writing be generated by that agency to confirm the same. We certainly do not want the lack of a comment to be an issue in the processing of this rezoning application. We are also aware of comments from the Frederick County Attorney and your office concerning the assertion of a lack of clarity in the language of the Proffers. The Applicant will certainly review those comments. We will have obtained Mrs. Martin's signature on the Application and the Proffer Statement as has been requested by the County Attorney. Thank you for your continued assistance and cooperation. We have attached all the comments sheets as well as copies of the Proffer Statement and Exhibit. Please let me know when this application will be placed on the Planning Commission agenda. Engineers • Surveyors • Planners • Landscape Architects 1,:\ro17i rq)oudeun•\km:•u\aunn•ure deurGrook n•�onhi \/Ir toruddy from r wirlonaky rrr 5-5.doc Mike Ruddy From: Sent: To: Cc: Subject: Good afternoon Ron, Mike Ruddy Wednesday, May 04, 2011 3:13 PM 'Ronald A. Mislowsky' Rod Williams; Eric Lawrence Carmeuse Rezoning This e-mail is a follow up to a message I just left at your office and is in reference to the rezoning application received from your office at lunchtime today. The rezoning application for the Carmeuse application is missing a plat with a metes and bounds description of the properties for which the rezoning is being requested and is therefore presently incomplete. We will also need a copy of the Impact Analysis Statement, deed to the property, and verification of taxes paid. At such time we receive this plat, as informed by the County Attorney and myself in our initial review letters, and the additional items noted, the application appears that it may be complete. Friday, May 6, 2011 is the next rezoning application cut-off. The incomplete application is waiting at the front desk of our office to be picked up and completed. We look forward to receiving the completed application. Thanks. Mike. Michael T. Ruddy, AICP Deputy Planning Director Frederick County Planning & Development 107 N. Kent Street Winchester, VA 22601 (540) 665-5651 (540) 665-6395 fax. mruddy(o)co.frederick.va.us Material ❑ Originals ❑ Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose Your Use ❑ Your Files ❑ Approval ❑ Please Return: Corrected Prints ❑ Please Submit: • S Patton Harris Rust & Associates Transmittal Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PH + Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Mike Rudd), Organ izationlCompany: I,rederick County Planning Address: 107 N. Kent Strect W1nc11cster, VA 22601 Telephone Number: Date: May 4, 2011 From: Ron Nlislowsky, PE - Project Name/Subject: Carmeuse — Clcarbrook Rezoning Via: Internal Project File #: Quantity File # Date Description Transmitted ❑ Herewith 1 Rezoning Application Matcrials ❑ Under separate cover Notes: Received by: 0 0 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PH R 1 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Mike Rudd Organization/Company: From: Date: Project Name/Subject: cc: Frederick County Planni Ron Mislowsky, PE 2011 Carmeuse Rezoni Memorandum In February, PHR+A submitted a rezoning application to review agencies as required by the Frederick County procedures. The project site of 92 acres is located on the east side ol'U.S. Route 11, just south of the Clearbrook Park property. We have received comments from the following agencies: VDOT Public Works - Comment Frederick County Fire Marshal Clearbrook Volunteer Fire Co. Parks & Recreation Frederick -Winchester Health Department Winchester Regional Airport Frederick -Winchester Service Authority Historic Resources Advisory Board — Comment Frederick County Attorney — Comment Frederick County Sanitation Authority (No Comment) Frederick County Public Schools Frederick County Planning Frederick County Transportation Planning Most agencies had no comment. In response to comments raised by the I-IRAB, the Applicant is looking at the berm locations in an effort to balance the needs to screen the quarry operations but also not to block the view of the Martin house. In response to Public Works' comments about the impact to adjacent residences, Carnieuse's operating permits require it to take the precautions to protect adjoining properties, and Carmeuse has had and will continue to have meetings with its neighbors concerning ongoing mining operations. Public Works also commented about the Convenience Center lease. Certainly Carmeuse intends to honor the existing leases and has entered into an agreement to address the adjacent ballfields. Planning raised a concern regarding setback requirements. We understand that a waiver will be required to reduce the setback to extracted mining operations to the proffered distance. Therefore, we have attached a Waiver Application to reduce the 200 ft. required setback. We believe the best approach is to let this request track with the rezoning application. 1 ' L-' MAY 4 2011 1, ()07-1 M Patton Harris Rust & Associates Memorandum Page 2 As noted in previous correspondence, we understand that the Frederick County Sanitation Authority will not be providing a comment. However, we would request that some writing be generated by that agency to confirm the same. We certainly do not want the lack of a comment to be an issue in the processing of this rezoning application. We are also aware of comments from the Frederick County Attorney and your office concerning the assertion of a lack of clarity in the language of' the Proffers. The Applicant will certainly review those comments. We will have obtained Mrs. Martin's signature on the Application and the Proffer Statement as has been requested by the County Attorney. Thank you for your continued assistance and cooperation. We have attached all the comments sheets as well as copies of the Proffer Statement and Exhibit. Please let me know when this application will be placed on the Planning Commission agenda. Engineers • Surveyors • Planners • Landscape Architects P.\mnt:irnnrlenrr\karrn\anrnrrure duulunnk rr:,onh�g\Ur to nukl'Jinni r miflomck- .rinc A—�FredePricky Count Pub is Schools to ensure all students an excellent education K. Wayne Lee, Jr.. Coordinator of Planning and Development . leew@frederick,k12.va.us January 31, 2011 Mr. Thomas Moore Lawson Lawson & Silek, P.L.C. 120 Exeter Drive, Suite 200 Post Office Box 2740 Winchester, VA 22604 Re: Carmeuse Lime & Stone Community Meeting Dear Mr. Lawson, t. F F R 2 2011 Thank you for inviting Frederick County Public Schools to participate in a community meeting your firm is sponsoring to discuss the expansion of the Carmeuse Lime & Stone quarry near Stonewall Elementary School. We will not be attending this meeting. However, our interest in this project continues. We are a commenting agency for the County's rezoning process. If we do have comments, we will make them then. Thank you for your willingness to work with Frederick County Public Schools. Should you have questions, please contact meat 540-662-3889 x88249 or leew u,fi•edcrick.kI2.va.us. Sincerely, � ��— 4— — K. Wayne Lee, Jr. Coordinator of Planning and Development Cc: AlOrndorff Eric Lawrence 1415 Amherst Street vnrNdrederick.k12.va.us 540-662-3889 Ext. 88249 P.O. Box 3508 540-662.4237 fax Winchester, Virginia 22604-2546 Carmeuse NA Clearbrook, VA • •I Al. SEcnoN A = M, 4t Lij Ri ♦ i :. i a $C EERY SECMINS ` �• e �. o Lj V) X m U ra�o 6 � 41 0 • 1 LANDSCAPING TO BE PROVIDED PER PROFFER 2.2. (THE . LANDSCAPING SHALL HAVE A MIX OF DECIDUOUS AND CONIFEROUS PLANTINGS PLACED IN A RANDOM MANNER TO BE CONSISTENT MTTH EXISTNG VEGETATION PATTERNS) �I LANDSCAPE BERM 3I APPROX. 6-10 FT. HEIGHT U.S. ROUTE it U.S ROUTE PRIVATE ORI11�I a? EXISTING GROUND 1 12' 38,± PIT WALL APPR X. 50' SCREENING BERM SECTION A QUARRY SIDE TOP OF BERM FRONT OF BERM 200. 0 I� RESIDEN RAL LOT 14 _ RESIDENTIAL TAT f"5 LANDSCAPING TO BE PROVIDED PER PROFFER 2.2. (THE LANDSCAPING SHALL HAVE A MIX OF DECIDUOUS AND CONIFEROUS PLANTINGS PLACED IN A RANDOM MANNER TO BE CONSISTENT PATH EXISTING VEGETATION PATTERNS) _.LANDSCAPE BERM B• � APPROX. 6-10 FT. HEIGHT SECTION @ BERMS TO BE PLANTED PATH TREES UPON CONSTRUCTION, SCREENING BERM SECTIONS NO SCALE --PIT WALL PLANTING LIST PLANTING SPACING �z X W * NAM C4/6SES PLANT LIST: PLANT AS SHOWN SUNG! OKV4 PNOCU W VIRGATUM l//ITF 6CCf SIEL, SCHIZACHYMM SCOPO" AYNiW (RLA SORDVSTRUM NUUNS Y ILI PLANT LIST PLANTING LOCATIONS SHOWN ARE V) .0 AN/IBTN1T .116$;NY CM"" ONLY, TREES TO m A0%0N I bLQW ORM ViI7M/M1 BE BE PLACED AT RANDOM INTERVALS. OA NOW CASTNFA PUMIA .s09m SASSWFJS AU)" !%PSW DIOSPYROS VRGIMW EVERGREEN PLANT LET: PLANTING LOCATIONS SHOWN ARE FAE A7W PNAJS R" REPRESENTATIVE ONLY. TREES TO PAL 90?17LY PNUS ECHNk1A BE PLACED AT RANDOM INTERVALS M UA ffmX #WE POSY; PNUS STROBUS 7 AR WIK, Af7.P ON AM MW THLLA OCOOEWALIS EAS rm AYD CYLWR ,UHF mus VMGMMIN i • • 9 1119 111011[s]6 N 0 • :J e� L C C7 co ,F x W X W Y W C y Q 4L E e b .o El44RM@EPiI i • L 0 CARMEUSE NATURAL CHEMICALS Dear Neighbor: Winchester Virginia Operation December 6, 2010 I'm writing to let you know about a proposed rezoning Carmeuse is planning for about 90 acres owned by Carmeuse along Route 11, as part of our Clear Brook quarry operation (also known as the Frey quarry). As you probably know, we purchased the Martin farm about two years ago with the intention of quarrying the high -calcium limestone under it. The rezoning will eventually involve moving the ball fields and the recycling center from their present location (with no interruption in public use, of course). I feel that our neighbors and local property owners have a right to be informed at each stage of this process. I know that people have questions about traffic, safety, sight lines, hours of operation and environmental protection, and we want to answer all these questions, and maybe a few we haven't thought of. We also want to hear your suggestions for improvement, and answer any concerns to the best of our ability. I'd like to answer a couple of obvious questions right now. There will be no increase in truck traffic due to the rezoning. All we are doing is taking steps to allow us to open a new pit sometime in the future. While this process is in its early stages, we'd like to invite you and all your neighbors to an informal meeting. You and your neighbors will have a chance to talk with our staff one-on-one and get a first look at the details. The meeting will be held on Wednesday, December 8, at the Stonewall District Ruritan building on Ruritan Way Lane (off Route 11, next to Stonewall Elementary School). We'll start the meeting at 7:00 pm, but come any time after 6:30 to meet us and look at the maps. We'll provide coffee, soda and finger food. In the meantime, if you have any questions, please call our project hotline at (540) 662-3856. I look forward to meeting you. Sincerely, Jim Bottom Jim Bottom Carmeuse Lime & Stone Carmeuse Lime & Stone - 508 Quarry Lane - PO Box 219 - Clear Brook, VA 22624 - Tel: (540) 662-3855 - Fax. (540) 662-4303 - www.carmeusena.com COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICA.,TION OF PUBLIC MEETING November 30, 2011 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION 1/01-11 FOR CARMEUSE NA — CLEARBROOK REZONING On behalf of the Frederick County Board Of Supervisors, you are hereby notified of a public meeting being held On Wednesday, December 14, 2011, at 7:15 p.m. in the Board Room Of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 901-11 of Carmeuse NA — Clem -brook Rezoning, submitted by Patton Harris Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 1 I with BrueetOwn Road (Route 672) and Walters Mill Lane (ROLItC 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and 33-A-144 (portion ol). A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North, Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.fircderick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certif T � there attached correspondence wa��nailed to the follow-_ng on �0 / from the Department of Planning and Development, Frederick County, Virginia: 33 -A- - 166- 44 - A- - 83- 0-N MINERALS (CHEMSTONE) COMPANY D►BIA CARMEUSE LIME & STONE 11 STANWIX ST FL 21 PITTSBURGH PA 15222-1327 Patton Harris Rust Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 33 - A- - 162-A FREDERICK COUNTY VIRGINIA 107 N KENT ST WINCHESTER VA 22601.5039 33 - A- - 164-B KESARI THIRD GENERATION LLC 11499 WHITE OAK CT HERNDON VA 20170.2413 33 - A- - 164-D WAMPLER JACK K SR & JACK K JR PIA WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON VA 22656.1708 33 - A- - 164-E RICHARDSON KIMBERLY D 106 COTSWOLD CT STEPHENS CITY VA 22655.3403 STATE OF VIRGINIA COUNTY OF FREDERICK FREDERICK LAND COMPANY LC 893 CLUBHOUSE RD YORK PA 17403.4459 34 - A- - 24-D WHITE HARRY S JR 385 BACK MOUNTAIN RD WINCHESTER VA 22602.1618 44 - A- - 77-A FREDERICK COUNTY FAIR CIO CHESTER LAUCK 167 FAIRGROUND RD CLEAR BROOK VA 22624 44 -A- - 81- STONEWALL DISTRICT RURITAN CIO JOSEPH HULVER 1023 REDBUD RD WINCHESTER VA 22603.4757 44 - A- - 82- FREDERICK COUNTY SCHOOL BOARD OF VIRGINIA PO BOX 3508 WINCHESTER VA 22604-2546 Michael T. Ruddy, Deputy Planning Di ,.ctor Frederick County Planning Departme I, A", a Notary Public in and for the State and County aforesaid, do 1 reby certify that MicWhel T. Ruddy, Deputy Planning Director for the Department of PlanniM-0% Development, whose name is signed to the foregoing, dated , has personally appeared before me and ac.knovvledged the same in my State and County aforesaid. Given under my hand this - day of J112�11�11A My commission expires on Q f 6EVFF; OTA-RY NOP LIC (J\-) D vc/%2-. 44 - A- - 84- ip UMBENOUR MAX J & MARGARET M 115 WALTERS MILL LN STEPHENSON VA 22656.1860 44 - A- - 95. BACHMANN JANE BRUMBACK 137 WILLIAM RICHMOND WILLIAMSBURG VA 23185.3218 44 - A- - 96-A ROBERTS GREGORY G. & 130 TATANKA LN STEPHENSON VA 22656.1852 44 - A- - 96-C CUTSHAW ALAN W & SUSAN J PO BOX 133 STEPHENSON VA 22656.0133 44 - A- - 100- ANDERSON MARK D & CHERYL L 1419 RAMSEUR LN WINCHESTER VA 22601.6739 44 - A- - 103- GRAY MARK T GRAY TINA M 611 WALTERS MILL LN STEPHENSON VA 22656.1865 44 - A- - 106- WILLIAMS GREGORY H. PO BOX 443 STEPHENSON VA 22656.0443 44A - 1- - 1- LONDON ROY ALFRED III 3172 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 44A - 1- - 2- RUDY GLENN B 621 TENNYSON AVE WINCHESTER VA 22601.3223 44A - 1- - 3- HEDRICK DAVID R. & SANDRA L. 3154 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 44A - 1- - 4- CORNWELL CLARKE & TINA 3144 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 44A - 1- - 5- MYERS LOLITA L. 3134 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 44A6 BLY hKJNETH L & JOY A 3126 MARTINSBURG PIKE CLEAR BROOK VA 22624-1136 44A - 1- - 7- KESARI LAXMI N KESARI RATNA M 11499 WHITE OAK CT HERNDON VA 20170.2413 44A - 1- - 8- CLEMONS RICHARD LEE & MARY D. 3106 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 44A - 1- - 9- BUTTS JOSEPH L. & SYLVIA P. 3096 MARTINSBURG PIKE CLEAR BROOK VA 22624.1133 44A - 1- - 10. PAYNE MARION D. JR. 3086 MARTINSBURG PIKE CLEAR BROOK VA 22624.1133 45 - A- - 8- CARTER ROBERT W 827 GUN CLUB RD STEPHENSON VA 22656.1812 Thomas M. Lawson, Esquire PO Box 2740 Winchester, VA 22604 Frances Martin 3004 Martinsburg Pike Stephenson, VA 22656 _Jq `�Wle_=_� � f �S c _ A -, Z' /4A h (2rk rt& rO:BARBARA-tA TA i L FPO: PROCESSING 4 p M eev - 02 ' yy — — ��) (�� / — � /4 PleQse print — - ��(Planning Dept. sets of��I bbeets b L Adjoining Property Owners THIS Y Owners of property adjoining theTan� be �ioti`fied of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2„d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: County of Frederick 107 N. Kent Street Property #: 33-A-162A Winchester, VA 22601 Name: County of Frederick 107 N. Kent Street Property #: 33-A-162B Winchester, VA 22601 Name: Kesari Third Generation LLC 11499 White Oak Ct Property #: 33-A-164B Hemdon, VA 20170 Wampler Jack K Sr & Jack K Jr P/A Name: Wampler's Mobile Homes 2648 Martinsburg Pike Property #: 33-A-164D i Stephenson, VA 22656 Name: Richardson Kimberly Dick & John Franklin 107 Cotswold Court Property #: 33 A 164E , Stephens City, VA 22655 Name: Frederick Land Company LC 893 Clubhouse Road Property #: 33-A-166 York, PA 17403 Name: Frederick Land Company LC 893 Clubhouse Road Property #: 34-A-20 York, PA 17403 Name: White Harry S. Jr. 385 Back Mountain Road Property #: 34-A-24D Winchester, VA 22602 Name: Frederick County Fair c/o Chester Lauck 167 Fairground Road Property #: 44-A-77A Clearbrook, VA 22624 Name: Stonewall District Ruritan c/o Joseph Hulver 1023 Redbud Road Property #: 44-A-81 Winchester, VA 22603 Name: Frederick County School Board P.O. Box 3058 Property #: 44-A-82 Winchester, VA 22604 Name. Umbenour Max J & Margaret M 115 Walters Mill Lane Property #: 44-A-84 Stephenson, VA 22656 Name: Bachmann Jane Brumback 137 William Richmond Property #: 44-A-95 ✓ Williamsburg, VA 23185 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44-A-96 York, PA 17403 15 40 • Name Address Property Identification Number (PIN) Name: Roberts Gregory G. 130 Tatanka Lane Property#: 44-A-96A Stephenson, VA 22656 Name: Cutshaw Alan W & Susan J P.O. Box 133 Property #: 44-A-96C Stephenson, VA, 22656 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44-A-96D York, PA 17403 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44-A-97 York, PA 17403 Name: Anderson Mark D & Cheryl L 1419 Ramseur Ln Property #: 44-A-100 Winchester, VA 22601 Name: Gray Mark T, Gray Tina M 611 Walters Mill Lane Property #: 44-A-103 Stephenson, VA 22656 Name: Williams Gregory H P.O. Box 443 Property #. 44-A-106 , Stephenson, VA 22656 Name: London Roy Alfred III 3172 Martinsburg Pike Property #: 44A-1-1 -' Clearbrook, VA 22624 Name: Rudy Glenn B 621 Tennyson Avenue Property #: 44A-1-2 Winchester, VA 22601 Name: Hedrick David R. & Sandra L. 3154 Martinsburg Pike Property #: 44A-1-3 Clearbrook, VA 22624 Name: Comwell Clarke & Tina 3144 Martinsburg Pike Property #: 44A-1-4 ✓ Clearbrook, VA 22624 Name: Myers Lolita L. 3134 Martinsburg Pike Property #: 44A-1-5 / Clearbrook, VA 22624 Name: Bly Kenneth L. & Joy A 3126 Martinsburg Pike Property #: 44A-1-6 �/ Clearbrook, VA 22624 Name: SK Associates Inc. 11499 White Oak Court Property #: 44A-1-7 Herndon, VA 20170 Name: Clemons Richard Lee & Mary D 3106 Martinsburg Pike Properly #: 44A-1-8 Clearbrook, VA 22624 Name: Butts Joseph L. & Sylvia P. 3096 Martinsburg Pike Property #: 44A-1-9 Clearbrook, VA 22624 Name: Payne Marion D. Jr. 3086 Martinsburg Pike Property #: 44A-1-10 / Clearbrook, VA 22624 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 45-A-1 York, PA 17403 Name: Carter Robert W 827 Gun Club Rd Property #: 45-A-8 Stephenson, VA 22656 Name: Anderson Mark D 1419 Ramseur Ln Property #: 45-A-8C Winchester, VA 22601 U 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAY: 5401665-6395 NOTIFICATION OF PUBLIC HEARING August 31, 2011 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION 901-11 FOR CARMEUSE NA — CLEARBROOK REZONING On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 14, 2011, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning -401-11 of Carmeuse NA — Clearbrook Rezoning, submitted by Patton Harris Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 11 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and 33-A-144 (portion of). Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www. co. frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify t} a*ne ape. correspondence Was to the follov,�:ng on from &je, Department of Planning and Development; Frederick Count),, Virginia: 33 - A- - 164-E 44 - A- - 83-A 0-N (CHEMSTONE) CO DIBIA CARMEUSE LIME & STONE 11 STANWIX ST 21TH FL 15222 1327 PITTSBURGH PA Patton Harris Rust Associates, PC 1 17 E. Piccadilly Street, Suite 200 N,U;nchester. VA 22601 I homas N4. Lawson, Esquire PO I3ox 2740 \NIincliester. VA 22604 33 - A- - 162-A FREDERICK COUNTY VIRGINIA 107 N KENT ST WINCHESTER VA 22601.5039 33 - A- - 164-B KESARI THIRD GENERATION LLC 11499 WHITE OAK CT HERNDON VA 20170.2413 33 - A- - 164-D WAMPLER JACK K SR & JACK K JR PIA WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON VA 22656-1708 STATE OF VIRGMIA COUNTY OF FREDERICK RICHARDSON KIMBERLY D 106 COTSWOLD CT STEPHENS CITY VA 22655.3403 33 - A- - 166- FREDERICK LAND COMPANY LC 893 CLUBHOUSE RD YORK PA 17403.4459 34 - A- - 24-D WHITE HARRY S JR 385 BACK MOUNTAIN RD WINCHESTER VA 22602.1618 44 - A- - 77-A FREDERICK COUNTY FAIR CIO CHESTER LAUCK 167 FAIRGROUND RD CLEAR BROOK VA 22624 44 -A- - 81- STONEWALL DISTRICT RURITAN CIO JOSEPH HULVER 1023 REDBUD RD WINCHESTER VA 22603-4757 V4ichael T. Ruddy, Deputy Planning Dir for Frederick County Planning Departmen7 a Notary Public in and for the State and County aforesaid, do h by certi that liicha . Ruddy, Deputy Planning Director for the Department of Planning Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State d ounty aforesaid. Given under my hand this day ofa6,'�c 0 i My commission expires on BEVERLY H. DELLINGER NOTARY PUBLIC REGISTRATION M 331878 COMMONWMIBSION EXPIRESA MY COMMISSION i, , 2015 l $' NOTARY P LIC 0vr:1-- 44 - A- - 82- FREDERICK COUNTY SCH00R OARD 44" 1- - 5- M 3 LOLITA L. OF VIRGINIA PO BOX 3508 3134 MARTINSBURG PIKE WINCHESTER VA 22604.2546 CLEAR BROOK VA 22624.1136 44 - A- - 84- 44A - 1- - 6- UMBENOUR MAX J & MARGARET M BLY KENNETH L & JOY A 115 WALTERS MILL LN 3126 MARTINSBURG PIKE STEPHENSON VA 22656.1860 CLEAR BROOK VA 22624-1136 44 - A- - 95- 44A - 1- - 8- BACHMANN JANE BRUMBACK CLEMONS RICHARD LEE & MARY D. 3106 MARTINSBURG PIKE 137 WILLIAM RICHMOND CLEAR BROOK VA 22624.1136 WILLIAMSBURG VA 23185.8218 44A - 1- - 9- 44 - A- - 96-A BUTTS JOSEPH L. & SYLVIA P. ROBERTS GREGORY G. & 130 TATANKA LN 3096 MARTINSBURG PIKE STEPHENSON VA 22656.1852 CLEAR BROOK VA 22624.1133 44 - A- - 96-C 44A - 1- - 10- CUTSHAW ALAN W & SUSAN J PAYNE MARIRION D. JR. 3086 MARTINSBURG PIKE PO BOX 133 CLEAR BROOK VA 22624-1133 STEPHENSON VA 22656.0133 44 - A- - 100- 45 - A- - 8- ANDERSON MARK D & CHERYL L CARTER ROBERT W 1419 RAMSEUR LN WINCHESTER VA 22601.6739 827 GUN CLUB RD STEPHENSON VA 22656-1812 44 - A- - 103- GRAY MARK T Frances Martin GRAY TINA M 3004 Martinsburg Pike 611 WALTERS MILL LN Stephenson, VA 22656 STEPHENSON VA 22656.1865 44 - A- - 106- WILLIAMS GREGORY H. PO BOX 443 STEPHENSON VA 22656.0443 44A - I. - 1- LONDON ROY ALFRED III 3172 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 44A - 1- - 2. RUDY GLENN B 621 TENNYSON AVE WINCHESTER VA 22601-3223 44A - 1- - 3- HEDRICK DAVID R. & SANDRA L. 3154 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 44A - 1- - 4- CORNWELL CLARKE & TINA 3144 MARTINSBURG PIKE CLEAR BROOK VA 22624-1136 0 I � LJ COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING July 22, 2011 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION #01-11 FOR CARMEUSE NA — CLEARBROOK REZONING On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, August 3, 2011, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #01-11 of Carmeuse NA — Clearbrook Rezoning, submitted by Patton Harris Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 1 I with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and 33-A-144 (portion of). A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: wkvw.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify ��he attached correspondence \��as O,,iil(--d to the follov,�ng on from the Department of Plannmi g and Development, Frederick County, V-,rgLmR-. 33 - A- - 164-E 44 - A- - 83- 0-N MINERALS (CHEMSTONE) COMPANY D1BIA CARMEUSE LIME & STONE 11 STANWIX ST FL 21 PITTSBURGH PA 15222.1327 'atton Harris Rust Associates, PC 17 E. Piccadilly Street, Suite 200 Ninchester, VA 22601 Tllolllas M. L,a\\'Soil.. Esquffe PO Box 2740 Winchester. VA 22604 33 - A- - 162-A FREDERICK COUNTY VIRGINIA 107 N KENT ST WINCHESTER VA 22601.5039 33 - A- - 164-B KESARI THIRD GENERATION LLC 11499 WHITE OAK CT HERNDON VA 20170.2413 33 - A- - 164-D WAMPLER JACK K SR & JACK K JR PIA WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON VA 22656.1708 RICHARDSON KIMBERLY D 106 COTSWOLD CT STEPHENS CITY VA 22655.3403 33 - A- - 166- FREDERICK LAND COMPANY LC 893 CLUBHOUSE RD YORK PA 17403-4459 34 - A- - 24-D WHITE HARRY S JR 385 BACK MOUNTAIN RD WINCHESTER VA 22602.1618 44 - A- - 77-A FREDERICK COUNTY FAIR C/O CHESTER LAUCK 167 FAIRGROUND RD CLEAR BROOK VA 22624 44 -A- - 81- STONEWALL DISTRICT RURITAN CIO JOSEPH HULVER 1023 REDBUD RD WINCHESTER VA 22603.4757 Michael T. Ruddy, Deputy Pl Director Frederick County Planning Department STATE OF VIIZGE A COUNITY OF FREDERICK L �1q, / " c , a Notary Public in and for the State and County LZA L & aforesaid, do lae eby certif�r that Mic 1 T. Ruddy, Deputy Planning Director for the Department of PIPInni d Development, whose name is signed to the foregoing, dated `� Kait _, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this �)— day of My commission expires on BEVERLY H. DELLINGER NOTARY PUBLIC REGISTRATION 8 331878 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2015 i NOTARY LIC 44 - A- - 82- FREDERICK COUNTY SCHO BOARD OF VIRGINIA PO BOX 3508 WINCHESTER VA 22604-2546 44 - A- - 84- UMBENOUR MAX J & MARGARET M 115 WALTERS MILL LN STEPHENSON VA 22656.1860 44 - A- - 95- BACHMANN JANE BRUMBACK 137 WILLIAM RICHMOND WILLIAMSBURG VA 23185.8218 44 - A- - 96-A ROBERTS GREGORY G. & 130 TATANKA LN STEPHENSON VA 22656-1852 44 - A- - 96-C CUTSHAW ALAN W & SUSAN J PO BOX 133 STEPHENSON VA 22656.0133 44 - A- - 100- ANDERSON MARK D & CHERYL L 1419 RAMSEUR LN WINCHESTER VA 22601.6739 44 - A- - 106- WILLIAMS GREGORY H. PO BOX 443 STEPHENSON VA 22656.0443 44A - 1- - 1- LONDON ROY ALFRED III 3172 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 44A - 1- - 2- RUDY GLENN B 621 TENNYSON AVE WINCHESTER VA 22601-3223 44A - 1- - 3- HEDRICK DAVID R. & SANDRA L. 3154 MARTINSBURG PIKE CLEAR BROOK VA 22624-1136 44A - 1- - 4- CORNWELL CLARKE & TINA 3144 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 44A -'- - 5- MY*OLITA L. 3134 MARTINSBURG PIKE CLEAR BROOK VA 22624-1136 44A - 1- - 6- BLY KENNETH L & JOY A 3126 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 44A - 1- - 8- CLEMONS RICHARD LEE & MARY D. 3106 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 44A - 1- - 9- BUTTS JOSEPH L. & SYLVIA P. 3096 MARTINSBURG PIKE CLEAR BROOK VA 22624.1133 44A - 1- - 10- PAYNE MARION D. JR. 3086 MARTINSBURG PIKE CLEAR BROOK VA 22624-1133 45 - A- - 8- CARTER ROBERT W 827 GUN CLUB RD STEPHENSON VA 22656.1812 44 - A- - 103- GRAY MARK T GRAY TINA M 611 WALTERS MILL LN STEPHENSON VA 22656-1865 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING June 3, 2011 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 401-11 FOR CARMEUSE NA — CLEARBROOK REZONING On behalf of the Frederick County Planning C01111111SSIOn, you are hereby notified of a public hearing being held on Wednesday, June 15, 2011, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 901-11 of Carineuse NA — Clearbrook Rezoning, submitted by Patton Harris Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. The properties, with addresses Of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections Of Route 11 with Brueet0wn Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and 33-A-144 (portion 00. Any interested parties having gLlesti0ns or wishing to speak may attend the pLlbllc hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: v<,NvNv.co.frederick.va.Lis. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winclester•, Virginia 22601-5000 This is to certify thothe attached correspondence was mailed to the following on from the Department oi-Planning and Development, Frederick County, Virginia: 33 - A- -164-E 44 - A- - 83- 0-N MINERALS (CHEMSTONE) COMPANY DIBIA CARMEUSE LIME & STONE 11 STANWIX ST FL 21 PITTSBURGH PA 15222.1327 Patton Harris Rust Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Thomas M. Lawson, Esquire PO Box 2740 Winchester- VA 22604 33 - A- - 162-A FREDERICK COUNTY VIRGINIA 107 N KENT ST WINCHESTER VA 22601.5039 33 - A- - 164-B KESARI THIRD GENERATION LLC 11499 WHITE OAK CT HERNDON VA 20170.2413 33 - A- - 164-D WAMPLER JACK K SR & JACK K JR PIA WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON VA 22656.1708 RICHARDSON KIMBERLY D 106 COTSWOLD CT STEPHENS CITY VA 22655.3403 33 - A- - 166- FREDERICK LAND COMPANY LC 893 CLUBHOUSE RD YORK PA 17403-4459 34 - A- - 24-D WHITE HARRY S JR 385 BACK MOUNTAIN RD WINCHESTER VA 22602.1618 44 - A- - 77-A FREDERICK COUNTY FAIR CIO CHESTER LAUCK 167 FAIRGROUND RD CLEAR BROOK VA 22624 44 -A- - 81- STONEWALL DISTRICT RURITAN CIO JOSEPH HULVER 1023 REDBUD RD WINCHESTER VA 22603.4757 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK 1, , a Notary Public in and for the State and County aforesaid, do b reby certify, that MVchae.1 T. Ruddy, Deputy Planning Director for the Department of Planning d Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and ounty aforesaid. Given under my hand this .3 day of C o �( n .. My commission expires on r b BEVERLY H. DELLI- N' G ER NOTARY PUBLIC REGISTRATION N 33 1 COMMONWEALTH OF VIRGBINIA MY COMMISSION EXPIRES JULY 31, 2016 NOTARY UBMC 44 - A- - 82. FREDERICK COUNTY SCHOOL BOARD OF VIRGINIA PO BOX 3508 WINCHESTER VA 22604.2546 44 - A- - 84- UMBENOUR MAX J & MARGARET M 115 WALTERS MILL LN STEPHENSON VA 22656.1860 44 - A- - 95- BACHMANN JANE BRUMBACK 137 WILLIAM RICHMOND WILLIAMSBURG VA 23185.8218 44 - A- - 96-A ROBERTS GREGORY G. & 130 TATANKA LN STEPHENSON VA 22656.1852 44 - A- - 96-C CUTSHAW ALAN W & SUSAN J PO BOX 133 STEPHENSON VA 22656.0133 44 - A- - 100- ANDERSON MARK D & CHERYL L 1419 RAMSEUR LN WINCHESTER VA 22601.6739 44 - A- - 103- GRAY MARK T GRAY TINA M 611 WALTERS MILL LN STEPHENSON VA 22656.1865 44 - A- - 106- WILLIAMS GREGORY H. PO BOX 443 STEPHENSON VA 22656.0443 44A - 1- - 1- LONDON ROY ALFRED III 3172 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 44A - 1- - 2- RUDY GLENN B 621 TENNYSON AVE WINCHESTER VA 22601.3223 44A - 1- - 3. HEDRICK DAVID R. & SANDRA L. 3154 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 44A - 1- - 4. CORNWELL CLARKE & TINA 3144 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 4 1- - 5- MWS LOLITA L. 3134 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 44A - 1- - 6. BLY KENNETH L & JOY A 3126 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 44A - 1- - 8. CLEMONS RICHARD LEE & MARY D. 3106 MARTINSBURG PIKE CLEAR BROOK VA 22624.1136 44A - 1- - 9- BUTTS JOSEPH L. & SYLVIA P. 3096 MARTINSBURG PIKE CLEAR BROOK VA 22624.1133 44A - 1- - 10- PAYNE MARION D. JR. 3086 MARTINSBURG PIKE CLEAR BROOK VA 22624.1133 45 - A- - 8- CARTER ROBERT W 827 GUN CLUB RD STEPHENSON VA 22656.1812 COUNTY of I+REDERICK Department of Planning and Development 540/ 665-565I FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING June 3, 2011 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: WAIVER REQUEST OF CARMEUSE NA - CLEARB ROOK On behalf of the Frederick Count), Planning COnlnllssloil, you are hereby notified of a public meeting being held on Wednesday, June 15, 2011 at 7:00 p.m. in the Board Roonl of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. The meeting is to consider the Waiver Request of Carineuse NA - Cleai-brook, submitted by Patton Harris Rust & Associates and Thomas Moore Lawson, Esquire, of the Code of Frederick County, Chapter 165 Zoning, Article VI Business and Industrial "Zoning Districts. The requested waiver is to Part 608 EM Extractive Manufacturing District, 165-608.05 Setback and Yard Requirements, particularly 165-608,05(A)(2), 165-608.05(B)(1) and 165-608.05(B)(2), to allow the setback requirement be reduced from 200 feet to 50 feet. Tile properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 11 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and 33-A-144 (portion of). Any interested parties may attend this meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Plaillling and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.frederickeountyva.gov. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTRIbad 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-500t) COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 3, 2011 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-1 1 FOR CARMEUSE NA — CLEARBROOK REZONING On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June IS, 2011, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #01-11 of Carmeuse NA — Clearbrook Rezoning, submitted by Patton Harris Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 1 I with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and 33-A-144 (portion of). Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Iandley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: NN-A,w.co.fi-cderick.va.us. Sincerely, Michael T. Ruddy, AICP / Deputy Planning Director MTR/bad 107 North )Kent Street, Suite 202 - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 (� 44 - A- - 77-A FREDERICK COUNTY FAIR CIO CHESTER LAUCK 167 FAIRGROUND RD CLEAR BROOK VA ' 016H26508243 H $ 00.440 M 06 031201 ~ Mailed From 22 US POSTAGE 22624 ! E CA �1 It j�: J UN 1 4 2011 r %%6. 2 4-i"�= COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING November 30, 2011 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION ##01-1 1 FOR CARMEUSE NA — CLEARI3ROOK REZONING On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, December 14, 2011, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 901-11 of Carmeuse NA — Clearbroolc Rezoning, submitted by Patton Harris Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 1 I with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and 33-A-144 (portion of). A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: \vwNv.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 MITNTY of FREDERICK y1 �� Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 (cI ACV i � I L 44 - A- - 77-A c- FREDERICK COUNTY FAIR J CIO CHESTER LAUCK 167 FAIRGROUND RD CLEAR BROOK VA 22624 ' Y• � m r '�• � � �Y.1k i S 016H26508243 $ 00.440 11/30/2011 Mailed From 22601 US POSTAGE 2008 1 12J03/11 RETURN TO SENDER NO SU::H STREET C'NkBLZ TO FORWARD RETUR2I TO SENDER .............................................................. • I• 1] COUNTY of F'REDERICK Department of Planning and Development 540/665-5651 FAY: 540/665-6395 NOTIFICATION OF PUBLIC HEARING August 31, 2011 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 401-11 FOR CARMEUSI? NA — CLEARBROOK REZONING On behalf of the Frederick Count), Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 14, 2011, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 901-11 of Carmeuse NA — Clearbrook Rezoning, submitted by Patton Harris Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92-14- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 11 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and 33-A-144 (portion of). Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: Nv\vNv.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 COIJN'I')' of FREUERWK I)epartment of Planning; & I)evelopment 107 North Rent Street, Suite'202 Winchester, Virginia 22601 44 - A- - 77-A FREDERICK COUNTY FAIR CIO CHESTER LAUCK 167 FAIRGROUND RD �� CLEAR BROOK VA , S E P 9 1011 } L J e i I 2262,_4,&& s0o0 �I� y " v 7A A } 22624 016H265G8243 $ 00.440 US POSTAG: r-ITXTL" 220 SE 1 22 O3/07/11 me RETURN TO SENDER NO SUCH STREET UNAOLC TO FORWARD 22601S000S9 +0017' 00475 01 44 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING July 22, 2011 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1101-11 FOR CARMEUSE NA — CLEARI3ROOK REZONING On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, August 3, 2011, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #01-11 of Carmeuse NA — Clearbrook Rezoning, submitted by Patton Harris Rust & Associates and "Thomas Moore Lawson, Esquire, to rezone 92+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 11 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and 33-A-144 (portion of). A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on [lie web at: Nv,Aw.co.frederick.va.us. Sincerely, -� l� 1 Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING Judy 22, 2011 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: WAIVER REQUEST OF CARMEUSE NA - CLEARBROOK On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, August 3, 2011 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. The meeting is to consider the Waiver Request of Car►neuse NA - Clearbrook, submitted by Patton Harris Rust & Associates and Thomas Moore Lawson, Esquire, of the Code of Frederick County, Chapter 165 Zoning, Article VI Business and Industrial Zoning Districts. The requested waiver is to Part 608 EM Extractive Manufacturing District, 165-608.05 Setback and Yard Requirements, particularly 165-608,05(A)(2),165-608.05(B)(1) and 165-608.05(B)(2), to allow the setback requirement be reduced from 200 feet to 50 feet. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 11 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and 33-A-144 (portion of). Any interested parties may attend this meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Plan -ling and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.frederickeourntyva.gov. Sincerely, —� McMichael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 COUNTY of FREDERICI� Department of Planning & Development 107 INorth Jicnt Street, Suite 202 Winchester, Virginia 22601 1 77. 44 - A- - 77-A FREDERICK COUNTY FAIR CIO CHESTER LAUCK 167 FAIRGROUND RD CLEAR BROOK VA 22624 OT N:E 231 SE 1 00 OS/ 04/ 11 Rri-,TURN TO SENDER NOT DELZVEPAE]LE PS 5::1DDRESSE:O UINASLE TO FCTWAPD MC: 22801500099 :4'1217-10-550--222-0,5 11) 1) Mll 1111 1 11)) ilk; Ill mlikikkillild Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT- IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TLNIE OF YOUR APPROVAL. g- THIS DocV3jaENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMM1dg7v7SAS TO WHAT YOU WOULD 1, TO SAYE COMPLETID- L rrL4,LS 11 Candice Merit Dana Eric Mkg John Received by Clerical Staff (Date & Time): �•na.. �. �..•� .. • • a •. DATE & TUAF