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Home My WebLink About12-96 Peggy Ruble - Gainesboro - Backfilel CUP TRACKING SHEET (To be completed by Frederick Co. Staff only.) CUP # 04;� - q 6 Owner/Applicant ECQQv RuUe-, Application Date 94- g Fee Paid [LEI yes initials: 9 H Sign Deposit � yes Sign return date: Submittal P/C Mtg. Cut -Off Date q — 6 - 96 date: /0 ' 2 - 9 BOS Mtg . date: 16-21-K AGENCY REVIEW COMMENTS (/ VDOT Airport Authority Inspections City of Winchester Fire Marshal Co Sanitation Authority V/ Health Dept. PLANNING COMMISSION RECOMMENDATIONS OF (date) APPROVAL (WITH CONDITIONS) V yes no DENIAL Sign__ Secretary Date /0 - 3 - 26 BOARD OF SUPERVISORS PUBLIC HyEARING ACTION 1,11 (datV APPROVAL KJ, fJ�r o days//�2'��' 96 Signe undm. DENIAL Date � _� �j y ..... 9- 6-- elae, s e. �°�vC�2ou2ai/1��9�c. Date Received From Address For AMT. OF ACCOUNT CASH AMT, PAID CHECK BALANCE MONEY HlBy DUE ORDER 19 '' �025037 Dollars $ r a c,r FILE COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 December 19, 1997 Mr. Richard C. Shickle 292 Greenspring Road Winchester, VA 22603 Dear Mr. Shickle: At the Board of Supervisors meeting on December 11, 1996, CUP #012-96 was approved. This request was for Mrs. Peggy Ruble to mine shale on the Ruble farm located east of North Hayfield Road, Route 600. As you will recall, we visited this site during the review process. Condition #4 of the approved CUP states, "The Planning Staff will be required to review this permit at least annually for three years to ensure compliance with all requirements." My recollection is that you asked the staff to report to you on the status of this activity. As of December 15, 1997, there has been no activity associated with this use that we are aware of. The required road to serve the use has not been constructed, and I have been advised that no shale is being mined from the location. Sinc rely, W. Wayneller Acting Zoning Administrator WWM/cc U:4W DYTOMMOMSHICKLE. LTR 107 North Kent Street • Winchester, Virginia 22601-5000 00 W FILE COPY I December 12, 1996 Mrs. Peggy Ruble 532 N. Hayfield Road Winchester, VA 22603 RE: CUP 4012-96 OF PEGGY RUBLE, PIN #29-A-22 Dear Mrs. Ruble: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of December 11, 1996. Your Conditional Use Permit, 4012-96 to establish a shale mining operation, was approved by the Board of Supervisors with the following conditions: 1. All review agency comments and Frederick County Zoning Ordinance requirements shall be complied with at all times. 2. No commercial mining operation shall be allowed until the proposed road to service this operation is constructed and useable. 3. A state mining permit shall be obtained and kept current as required by the Code of Virginia. 4. The Planning Staff will be required to review this permit at least annually for three years to ensure compliance with all requirements. 5. The mining operation must be started at the north end of the proposed site and confined to that area as much as possible to minimize any impact on the adjoining residence. If you have any questions regarding this action, please feel free to call this office. Sincerely, +W.yvneMiller Zoning Administrator WWM/cc cc: Commissioner of Revenue 107 North Kent Street - Winchester, Virginia 22601-5000 41� 0 COUNTY of FREDERIC9 Department of Planning and Development ��WANJ 540/665-5651 1738 FAX: 540/ 678-6682 MEMORANDUM TO. Finance Department FROM: Karen A. Clark, Receptionist/Clerk Typist II p , SUBJECT: Return Of Sign Deposit l� DATE: December 23, 1996 The amount of $25.00 was deposited in line item #10-911-08 for the person named below as a deposit for a sign for Conditional Use Permit #012-96. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $25.00 to: Mrs. Peggy Ruble 532 North Hayfield Road Winchester, .VA 22603 Please contact me if you have any questions. RSA/kac 107 North Kent Street - Winchester, Virginia 22601-5000 PC REVIEW: 10/2/96 BOS REVIEW: 11/13/96 CONDITIONAL USE PERMIT #012-96 PEGGY RUBLE Shale Mining Operation LOCATION: This property is located at 532 N. Hayfield Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 29-A-22 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Area) District; Land Use: Residential & Agriculture ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Area) District; Land Use: Agriculture PROPOSED USE: To establish a shale mining operation. REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to a conditional use permit for this property; however, prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the state's right-of-ways must be covered by a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Health Department: No objections as proposed. Any future habitation or congregation by the owner or employees will require an approved sewage disposal system and water supply. Inspections Department: No comment required due to no structures being built or utilized. 0 Peggy Ruble CUP #012-96 Page 2 November 7, 1996 Fire Marshal: No comments. Planning and Zoning: The requested use in this application is permitted with an approved conditional use permit. The proposed mining area in this request is a ridge area that is wooded. The proposed area of 8.190 acres also borders on a five -acre residential lot (zoned RA). The house on this lot is approximately 200 feet from an area of the proposed mining site where some shale has been removed for repair work on the very long existing private road that accesses the property. The commercial mining, if this request is approved, will need to be at least 100 feet from the boundary of the property (DeHaven) where the residence is located. It appears the ordinance requirements can be met to permit this use. There will need to be a new road constructed from the site to Route 600;North Hayfield Road, and a commercial entrance installed as required by VDOT. This road must be constructed prior to any commercial operation being authorized. STAFF RECOMMENDATION FOR 10/2/96 MEETING: Staff recommends approval of this request with the following conditions: 1. All review agency comments and Frederick County Zoning Ordinance requirements shall be complied with at all times. 2. No commercial mining operation shall be allowed until the proposed road to service this operation is constructed and useable. 3. A state mining permit shall be obtained and kept current as required by the Code of Virginia. SUMMARY OF 10/2/96 PLANNING COMMISSION ACTION: The Commission heard this request at their regular meeting on October 2, 1996. Only the applicant and her two sons spoke in favor of the request. Mrs. Tina DeHaven, an adjoining property owner, spoke in opposition to the request. She also read a letter from her mother and father-in-law who were in opposition to the request. Staff presented a letter from Mr. & Mrs. John Watach, also adjoining property owners, who were in opposition. The Commission probed this application with many questions and eventually were satisfied that this use should be allowed since the controls that are or will be placed on the operation by the State are adequate to protect all of the adjoining -property owners. The Commission unanimously recommends approval with the following conditions: (Mr. Wilson was absent.) Peggy Ruble CUP #012-96 Page 3 November 7, 1996 1. All review agency comments and Frederick County Zoning Ordinance requirements shall be complied with at all times. 2. No commercial mining operation shall be allowed until the proposed road to service this operation is constructed and useable. 3. A state mining permit shall be obtained and kept current as required by the Code of Virginia. ier✓Iev') r4 r5 a P r r File: K:\WP\CMN\COMMENTS\RUBLE.CUP • Submittal Deadline 9-%-96 P/C Meeting to- 2 - w BOS Meeting 0- VIA APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the X owner other) NAME: Mrs. Peggy Ruble ADDRESS: 532 North Hayfield Rd. Winchester, Va. 22603 TELEPHONE (540)`,,888-3520 2. Please list all owners, occupants, or parties in interest of the property: Mrs. Peggy Ruble 3. The property is located at: (please give exact directions and include the route number of your road or street) 522 North to Gainesboro, Turn left on Rt. 684, Cross RR tracks at Fire Station, Turn left on Rt. 600 (North Hayfield Rd.), Go 1.5 miles to Ruble Farms sign, Turn left on dirt road, Go .5 miles to shale bank. 4. The property has a road frontage of 1600, (appx) feet and a depth of 2000,(appx) feet and consists of 8.190 acres. (Please be exact) Area to be mined. 5. The property is owned.by, Peggy Ruble as evidenced by deed from T;:_. r.i arPnt�nn Ruhl P recorded (previous owner)' in deed book no. 301 on page 614 as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14-Digit Property Identification No. 29000-A-0000-0022 Magisterial District Gainesboro Current Zoning 7. Adjoining Property: USE ZONING A�r�..� tf, North A g riculture RA SEP 996 East Agriculture RA '' � South Agriculture RA West Agriculture RA DEPL QP PLANN6Nq r....' AND nEVE1.QPfV1ENl� tip; t. P 8. The type of use proposed is (consult with the Planning Dept. before completing) Mining of Shale 9. It is proposed that the following buildings will be constructed: None 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides, rear and in front of (also across street from) the property where requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: (PLEASE LIST COMPLETE 14-DIGIT NUMBER.) NAME Rodella Lee Watach Address 622 E. Old Town Rd.,Cumberland,MD 215 Property ID# 29000-A-0000-113A Sidney D. Rodgers Address 420 N. Hayfield Rd.,Winchester., VA 22 Property ID# 29000-A-0000-0023 Robert J. O'Shea Address 504 N. Hayfield Rd. Winchester, VA 22 Property ID# 29000-A-0000-022E Stephen T. Grant Address 530 N. Hayfield Rd., Winchester, VA 2 Property ID# 29000-A-0000-022D Lawrence F. Ruble Address 532 N. Hayfield Rd., Winchester,VA 22 Property ID# 29000-A-0000-022C Earnest R. Pugh Address 627 N.Hayfield Rd., Winchester, VA 22 Property ID# 29000-A-0000-0021 2 03 03 603 1 03 03 S E P I J,Oj r FUECEB DEPT. Or PIANNINI�r% AND DEVEJ.L�Pi19E r ti` `� !c • NAME Kenneth Dwight DeHaven Address 637 N.Hayfield Rd., Winchester, VA 22� Property ID# 29000-A-0000-022A J. Richard Saville Address 20 Cedar Dr. Sterling,Va. 20164 Property ID# 29000-A-0000-0020 Dan R. Cox Address346-C E.Market St. Leesbur g,.VA 22075 Property ID# 29000-A-0000-113B Susan L. French Address 439/3N.Frederick Pike,Winchester,VA 2 Property ID# 30000- A-0000-122D Susan L. French Address Same as above Property ID# 30000-A-0000-122B Mary Jane Wyatt Address 289 West View Dr. Winchester,VA 22603 Property ID# 30000-6-0000-0003 Ronald Errico Address4204 Van Buren St. Hyattsville,MD 2078 Property ID# 30000-6-0000-0006 Ronald Errico Address Same as above Property ID# 30000-6-0000-0007 Marcus M. Adams Address 561 Fox Dr. Winchester, VA 22601 Property ID# 40000-A-0000-0078 Kenneth S. DeHaven Address 634 N.Hayfield Rd. Winchester, VA 226 Property ID# 29000-A-0000-022B Address Property ID# Address Property ID# 03 603 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. ;s4ANzFFs S.IgbACRFS +o PR0P1zkiY tiMfsS Cox 396-a-0'bERAVFN-IVoo rutic.p- 1400.00, Ad p,." - I 00400 Of WA+AP-h- 10040o' WyA-ft - 3o00.W3 RdJyER��bse.e�' �RRicv - 31Doo," 0'5SN E A - QtNAVElf-• Pag A iA'oLLF- �Ovo (� mo 61 . o,0 SEP 1996 RECEIVED DEPT. OF PLANNINq AND DEVELOPMfN� 12. Additional.comments, if any: The attached plat prepared by Greenway Inc., dated,6/12/96, snows an area of 8.190 acres which is area proposed to be mined. I (we), the undersigned, do hereby respectfully make application and petition the governing body. of Frederick County, Virginia to allow the use described in this. application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven ( 7 ) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. '�� - o TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Y SEP 1996 �s DF.PL OF PLANNtNQ t7>_ AND UEVELQVMEH REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (540) 984-4133 The local office of the Transportation Department is located at 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Al pr, 21yo v RiA be- 5 3, ! A1n P4 h Rd, Wijyc VA � ,� IQ ., ti0 - s -3' :�a Name of development and/or description of the request: Location: )ott Lr fAAAiks Va. Dept. of Transportation Comments: No objection to a conditional use permit for this property. However, prior to operation of the business a commercial entrance must e constructed to our m;n;muni standards to allow for safe egress and ingress of the property. ._ny work performe . on the State rights -of -way must be.covered y a MOM use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. VDOT Signature and Date: 4 72q %(, (NOTICE TO RESIDENT ENGINEER*PLEASE RET HIS FORM TO APPLICANT.) xc: Mr. R. B. Childress NOTICE TO APPLICANT It is your responsibility to complete this form as accurat%'1)(b a* possible in order to assist the agency with their review�C,'� paZ�Alsp;, please attach a copy of your application form, location ma�nd all other pertinent information. SEP 1966 EPL Or PL_ANNINj�' Wiz' AND DE YFI.QAMENT ,r>'� 0 0 IC Frederick County Inspections Depa3 Attn: Building Official 107 North Kent Street Winchester, Virginia 22601 (540) 665-5650 The Frederick County Inspections Department is located Kent Street, 4th Floor of the County Administration Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: y i _ Name of development and/or description of the request: IS15 at 107 North Building in Location: Rub LF FArzbi Inspection Department Comments: No comment required due to no structures being built or utilized Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT.*PLEASE gEMN THIS FORM TO AP I .) NOTICE TO APPLICANT It is your responsibility to complete this form as accurat possible in order to assist the agency with their review please attach a copy of your application form, location map. other pertinent information. ///7" T�� '\&lso� the 11 9EP 1996 RFCEp, IVE AND DEVELOpMEN_r 0) •- SIDNEY D. ROGERS 420 N Hayfield Rd Winchester, VA 22603 To Whom it May Concern: December 4, 1996 As the land owner who has control of probably more land than any other adjacent to the Ruble land on North Hayfield Road, I support the Ruble request for a conditional use permit to remove shale from the designated location on their land. I believe shale has been removed fron environmental damage, loss of wildlife habitat, to those of us who live in the area. . that location for many years without causing economic hardship, or other detrimental effects Anyone who has been in the area and observed the dramatic increase in numbers of white tail deer and wild turkeys during the past ten years could conclude that the stewards of the lands, namely the farmers, have been doing something right. I have watched the Ruble family care for their land. I believe they are far better stewards of their land than many of those who profess to have grievous concerns about the impacts of removing shale at this location. I would be happy to share my views with any who are involved. Sincerely Sidn( Colonel, USAF(Ret) 0 . 0 COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.0809960271 Date Received 071596 Date Reviewed 080996 Applicant Peggy Ruble Address 532 N. Hayfield Rd. Winchester, Virginia 22603 Project Name Shale Mining Phone No. 540-888-3520 Type of ApplicationCUP Current Zoning RA 1st Due Fire Co. 16 1st Due Rescue Co. 16 Election DistrictGainesboro Tax I.D. No. 29-A-22 RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System Automatic Fire Alarm System Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes No XX Comments Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate Inadequate Not IdentifiedXX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No 7 Signatur - s r Title ` 6 � A� SEP 1996 e4a 1EP1, OF Pf ANNfNt f AN[) nEyq �P117EI1' 1 � 0i3oaa� REQUEST FOR CONDITIONAL USE PERMITS COMMENTS Frederick -Winchester Health Department Attn: Sanitation Engineer P.O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 The Frederick -Winchester Health Department is located at the intersection .of Smithfield Avenue and Brick Kiln Road, if you prefer to hand deliver this review form Applicant's name, address and phone number: AA o I�N,MAtip•F,E d Rid, 11WAIc VA, �,!�/tea • e Jo - RR9� �SA0 Name of development and/or description of the request: Location: R i l l f_- rrkcon S Health Department Comments: r cc Health Signature and Date: gatf2, (NOTICE TO HEALTH DEPT. - PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately„• -as possible in order to assist the agency with their:review. ;Also, please attach a copy of your application form, location map ,arid.,all., other pertinent information. V . cl _ W A TAGH D. 13. 47 3, PG . S I 7-4PNED'. P-A USE : AGF - . / ,� FzU BLC- � , � N 0 ZONED'. P-A 'S S5'o�'48"E 1/7 N S�.-7o' I 00 �. S58'44'4?S"E G I Itl '�6'I 2 I 5�1�4�'o3"E 106. 37 I S 56' 3a ' 4Z " E 1 S 841 3(0' Z Z" E N G6- 13' 35.-)7' N Imo' 15'4z" E 6:' G, 010 \ N ZZ1 ate. o� N I��ZI'4Z- E 44.-t3' It r'-CIA D 5 58" 57'0A" E 5 ". 64 ' N 14'7— ----- S. Imo AG12-�F-S No311oo'I'�>"V4 D.P5. 68o,PG. 59-e ZONED'. F"A USE'AGfz. Z2" / WHITE � 0,4 IL i 536'z6'o6"W - 04. 6 z 1 tz. U B L E b. I3. 4-t-I , PG . 7oS ZONED' FLA J� USE' AGR . W o � � N I o N .� I s :C S S E 6 1A �t IAA n N w � J 0 1 N 154'w 3145 �� JI b E H A V F- N I -'G. Z7 D.13 . Cio�q, PG. 351 (� ZONED'. R-A _ US E '. f2ES 2g9 G i N3Zo�8 �„ _ W I-�LAT SHov',/ING l�F�Po5eb t,AIN ING A I2EA ,---N THE LAN[7 of PEGG Y A. A;:-"u 131- E GA IW1-5Bohz- b1ST121GT- FFZEpE1ZIGK Cout-4TY, VIhL (NIA SCALE DATE : JUNK Iz /,ot\ GREENWAY, INC. %47 970 Baker Lane, Winchester, Virginia 22603 F7-to-662-4185 H. Bruce Edens, L.S. - President SURVEYING - DESIGNING - PLANNING RESIDENTIAL AGRICU'JURAL • COMMERCIAL INDUSTRIAL CONSTRUCTION �� T-U Qr` O N' v H. R"ZG EDF14 � N0.000162$ SHEET I of w _ W A TAGH \ D. E5. 47 3, PG. S I ZONED' P-A 1 uSe ' AGFz- . i D.Pi. 301, PG. I(o4 � N O AGR . �555'o7'4g"E o /v S�.7oop �• / SSB44'4S" E I 1171 Co 2 I 5�1�4�'o3"E S56'3a'47-"E 57. I' ' i 584�3(o'ZZ 13' I� - \ IoI.o2 ' \ N zz1 1" F- — ate. o� N I�'21'4z"E X+ +t rjoA D S 5a' 57'0," F- r 11�). 89- ' S. Imo Ae--tzt=S No30aCo'11!>"W '-- z�-X D. 13. 680, PG ZONED : P-A USE'AGFz. Z:z" / WHITE 536'z6'ob" W F2-U B LE b. �. -441 , PG . 705 Z-NED: FzA uSE ' AGFZ . V\ � � 0 N I p s :C S S E 6. IyoA n N V1 J 0 e �1 W IN b1=HA VE N I-,G.Z7' _ b. 504, PG. 35I (4 ZONED'. 12-A _ - U S E P-E S ` N3Zg9 G7, L 48 zo„W FLAT SHov\/ING PFZoPaSEr::> MINING A 12EA e--N THE LAND of PEG& Y A. rzvE5II:— E GAII,IESgoFzo bISTFZIGT- FFzEpEFZr�K C,-U1JTY,VII-G(114IA SCALE : I "= ' I DATE : )uwtF- Iz f4t% GREENWAY, INC. %47 970 Baker Lane, Winchester, Virglnia 22603 �o-662-4185 H. Bruce Edens, L.S. - President SURVEYING -- DESIGNING - PLANNING RESIDENTIAL - AGRICULTURAL • COMMERCIAL INDUSTRIAL CONSTRUCTION a o�`� Q►p 0 'h(BR�UC E� DENS � No. 000162-8 SHEET I of I 0 634 N. Hayfield Road Winchester,.Virginia 2.2603 September 30, 1.996 TO WHOM IT MAY CONCERN: Due to my -poor health, I am unable to attend the public hearing with regard to Peggy Ruble's proposed shale mining. Please use this letter as notification of my and my wife's complete objection to this proposed venture. Such mining would totally destroy my son and his family's peaceful country living. The removal of shale from the roadside hill areas would cause severe soil erosion by water runoff and thereby destroy their pond. The constant machine noises and activity and heavy dust would also destroy their tranquil living as well as that of all the wildlife that lives and visits there. God, nature and my son and his family have worked hand in hand to create and keep a tranquil piece of history and environment thriving, and it would only take a short period of time of mining to totally destroy natural swamp and marshland, a pond with fish and turtles, home for ducks, squirrels, birds, deer and other wild creatures, as well as breathable air for my son and his family. Sincerely, Kenneth S. DeHaven Mary I. De(�H"a�,ven 622 E. Oldtown Road Cumberland, Md. 21502 September 23,: 1996 Mr. W. Wayne 1idller Zoning Administrator Dept. of Planning & Development 107 No. Kent St. Winchester, Va. 22601 Dear Mr. I,Iillers First, thanks for letting Mrs Watach and myself know about what one individual would like to have take place in the neigh- borhood at some future date. WHO is kidding WHO. Not too long ago a Ruble named in- dividual called our home. He stated (Jimmy Adams said, "we were interested in selling our property".) and that he was more than interested in buying our property to KEEP OUT the developers. By the way our property has been surveyed by a qualified indivi- dual and on file with the county office. Taking notice of your title title Zoning Administrator, we take it that you will do everything in your power and the power of the law to protect any citizen's vested interest. Note : While on a golfing outing in another state exper- ienced seeing such an operation in progress and was a very ugly sight. If there is one question to request of you. Will this operation be held responsible to built a fence (like the junkyards) to conceal any all ugliness. Sincerely, �- (Mrs Watach) (� (Mr. Watach) cud e e fit! T'✓Y='Jl a 7 v s mid t l FY�F-e pad `Y00 9 i Yip` �� vv'pd�v SITE INVESTIGATION September 24, 1996 Ref Property of Kenneth D. DeHaven & Tina DeHaven, Hayfield, VA WINCHESTER ENVIRONMENTAL CONSULTANTS, INC. 0 460 Hedrick Lane o Winchester, VA.o 22602 0 (540) 877-9420 o FAX (540) 877-9495 Paa printed on recycled paper Executive Summary On September 24, 1996 a visual investigation was conducted by Winchester Environmental Consultants, Inc. of the property owned by Kenneth Dwight Dehaven. The property is located in the Gainsboro district, to the east of state route 600 off of the old dirt roadway to the Ruble Farm. The purpose of this investigation was to determine whether or not the implementation of a shale mining pit, located on the property adjacent to the Dehaveds, would have adverse effects on the wetlands and property of the Dehaven's. Visual assessment, coupled with photographic documentation, indicate that the implementation of a shale pit would severely damage the habitat that has been established on the Dehaven property as well as causing significant damage to other surrounding properties. This damage would include massive erosion, the loss of habitat for several species of fish, birds, fresh water clams and various other life forms organic to the area. Further consultation with several state and federal agencies indicate that a storm water permit would be required along with permitting by the Army Corps of Engineers. At this time no permits have been issued and would indicate that any operation of the pit would be in violation of state and federal law. A complete wetland delineation study would be needed to accurately determine the extent of the damages that would be inflicted should the implementation of the pit continue. 0 • Visual Assessment The property. of Kenneth Dwight Dehaven, as recorded in deed book 504, pg. 351 in the Frederick County Court House, is located on the east side of state route 600 hi the Gainsboro district of'Frederick County. This property is generally described as being a 7.103 acre parcel on the south side of the old dirt roadway to the Ruble Farm. The roadway serves as the northern and western boundary for the property (Appendix A). The improvements on the property include a single family dwelling, garage, two sheds and a pond that is approximately 1.5 acres. The pond is located on the eastern edge of the property and is adjacent to the old roadway. The mining operation in question is in partial existence. This is located to the north-east of the Dehaven property and is adjacent to roadway and pond. The proposed expansion of the operation would include stripping the vegetation along the ridge running south-east and remaining adjacent to the roadway. This ridge line is elevated above the roadway and acts as a watershed to the road and pond. In addition to the pond located on the Dehaven property, there is a wetland adjacent to the roadway and pond. This wetland extends from the north-east corner of the property along the old roadway for approximately 400 yards. This wetland spills directly into the Dehaven's pond. Concerns The major concern with the implementation of the shale mining pit is water and sediment runoff. Due to the nature of the operation and its location, the loss of vegetation and soil erosion would cause significant damage to the Dehaven property. Photographic documentation shows that historically heavy rainfalls cause a flooding effect from the area of the shale pit that flows across the road and into the wetlands and pond (Photo 1-5). This flooding and runoff deposits eroded soil into the wetlands and pond. Extended excavation of the surrounding properties would increase the deposition in each of these areas. This would be extremely detrimental to the inhabitants of the area. This includes, but is not limited to; large mouth bass, several species of trout, freshwater clams, turtles, frogs, catfish, ducks, geese and multiple species of vegetation. Great concern should be taken over the effects of the deposition of silt and run off on the yearly roe hatches of all of the species of fish:. A severe reduction in their population would directly effect the status of the fledgling ducks and geese. In addition to the foreseeable erosion problems, there are also the customary problems that apply directly to the mining industry. These would include the increased traffic of heavy trucks on a dirt roadway designed for residential use. Again, increased erosion could pose a serious problem. Another concern would be fuel and machinery left on site. Any spill or leachate originating from the proposed operation would enter directly into the wetlands and pond, thus causing increased damages of a large magnitude. The final concern stems from the operators inability to comply with state and federal regulations. At this time the operator is required to have a storm water permit, as the pit is in existence and has been operational for several years. In addition to the storm water permit the Army Corps of Engineers should be contacted for permitting of the mine and excavation. A complete list of names and agencies is included in the appendix of this report. It is a reasonable assumption that due to the fact that the operation has been in non- compliance for the past several years, any further activities would also be out of compliance and not protective of the surrounding environment. Conclusion It is the opinion of Winchester Environmental Consultants, Inc. That any advancement in the operational status of the shale mining pit would be detrimental to the surrounding environment. Historical data and on site investigation indicate that due to the close proximity of the pit to the Dehaven's pond and the adjacent wetlands, any further exposure of unrestrained soil to moving water will cause a severe increase in soil deposition and leachate from the mining in each of these bodies of water. This would dramatically effect the setting established by the Dehaven family on what can be described as a "Walton Pond" home -site and adversely effect the native habitat of the many species living there. � iUr, iLl '93 • • Virginia Department of Environmental Quality: Harrisonburg Office 540-828-2595 Jay Robert Water Protection Bill Craiglow Permitting Army Corps of Engineers Ron Stoufard Mines Minerals and Energy 804-961-5000 Gary Potter 4,. K, - •x W- F Conditional Use Permit #012-96 Peggy Ruble..... Shale Mining Business October 1, 1996 Ms. Susan French, adjacent property owner, called the Planning Department to voice her concerns for the proposed activity. Ms. French will be unable to attend the Planning Commission Public Hearing as she is currently out of town. Her concerns are: 1. The potential negative affect approval of this application may have on future requests for similar projects. Ms. French feels that the surrounding areas are predominantly a farming community. By allowing this business, it makes future requests more acceptable 2. Erosion potential as a large area will be excavated. 3. Ms. French spoke briefly with Mr. Ruble about his proposed activities. Ms. French feels that Mr. Ruble does not clearly understand what will occur on the site, in addition to the scale of the excavation. As Ms. French is unable to attend the meeting, please be aware of her concerns, as telephoned to this office. COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 CORRECTION: The Board of Supervisors, at their October 9,1996 meeting, canceled the October 23rd Board meeting. The public hearing has been rescheduled for November 13,1996. Please disregard the letter you received previously dated 10-9-96. IU71r'1CA11 J! I OF PUBLIC HEARING October 10, 1996 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OF PEGGY RUBLE, CONDITIONAL USE PERMIT #012-96 On'behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on November 13, 1996, at 7:15 p.m., in the board room of the Old Frederick County Courthouse, Winchester, Virginia. This hearing is to consider the application of Peggy Ruble to operate a shale mining business. The property is located at 532 N. Hayfield Road and identified with PIN 29-A-22 in the Gainesboro Magisterial District. Any interested parties having, questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Handley Library, or the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, ayne Miller a Administrator W WM/cg 107 North Kent Street • Winchester, Virginia 22601-5000 • 0 This is to certify that the attached correspondence was mailed to the following on s aU, MCI 10, 19 q6 from the Department of Planning and Development, Frederick ounty, Virginia: Peggy A. Ruble Stephen T. & Debra R. Grant Lawrence Frederick Ruble 532 N. Hayfield Rd. 530 N. Hayfield Rd. 532 N. Hayfield Rd. Winchester, VA 22603 Winchester, VA 22603 Winchester, VA 22603 Robert J. O'Shea 504 N. Hayfield Rd. Winchester, VA 22603 Earnest R. Pugh 627 N. Hayfield Rd. Winchester, VA 22603 Dan R. Cox 346-C E. Market Street Leesburg, VA 22075 Marcus M. & Gladys N. Adams 561 Fox Drive Winchester, VA 22601 Rodella Lee Watach 622 E. Old Town Road Cumberland, MD 21502 STATE OF VIRGINIA COUNTY OF FREDERICK Kenneth D. & Tina M. DeHaven 637 N. Hayfield Rd. Winchester, VA 22603 Susan Lynn French 4395 North Frederick Pike Winchester, VA 22603 Kenneth S. & Mary I. DeHaven 634 N. Hayfield Rd. Winchester, VA 22603 Sidney D. Rogers 420 N. Hayfield Rd. Winchester, VA 22603 J. Richard & Edith R. Saville 20 Cedar Drive Sterling, VA 20164 Mary Jane Wyatt 289 Westview Drive Winchester, VA 22603 Ronald Errico 4204 Van Buren Street Hyattsville, MD 20782 YCt)6Aoj��- A " - W. Wayne Mi er, Zoning Administrator Frederick Co ty Planning Dept. I, 621h Ann f-k I I , a Notary Public in and for the State and County aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated Ib• IO • 0 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of lJL TL(� `qq My commission expires on Feh rL.. ac4 OQq Iqq q _y r 1111 ■� I October 9, 1996 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 1 AMCANTICA I OF PUBLIC He"ARII IG TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OF PEGGY RUBLE CONDITIONAL USE PERMIT #012-96 On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on October 23, 1996, at 7:15 p.m., in the board room of the Old Frederick County Courthouse, Winchester, Virginia. This hearing is to consider the application of Peggy Ruble to operate a shale mining business. The property is located at 532 N. Hayfield Road and identified with PIN 29-A-22 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Handley Library, or the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely W. Wayne Miller Zoning Administrator WWM/cg 107 North Kent Street • Winchester, Virginia 22601-5000 % 0 0 This is to certify that the attached correspondence was mailed to the following on W l - - from the Department of Planning and Development, Frederick County, rginia: �v A 22 29 A 3.:i.::3E RUBLE, PEGGY A.---- ar .� WATACH, RODE:LLA LEE. ..P3.c N 11IAYFIE:.LD RD 622 E GILD TOWN P%D WINCHESTER, VA 22603— CUME+ERLAND . MI) 21.502-- 29 A 20 SAVIL.LE, J. RIC HARD & EDITH R. 29 A 23 20 CEDAR DR. ROGERS, SIDNE:Y D. STERLING, VA. 420 N HAYFIELD RD 20164— WINCHESTER, VA 22603— 29 A 113I 29 A 22E O' SHEA, ROBE:RT J M04 N HAYFIELD RD WINCHESTER, VA 22603- 29 A 22I GRANT, STEPHEN T . A. DEBRA R. 530 N HAYFIELD RD WINCHESTER, VA. 22603-- '9 A .22C RUBLE, LAWRE:NCE: F'REDERIC:K 532 N HAYFIELD RD WINCHESTER, VA. 22603- 29 A 21. PUGH, EARNEST R 627 N HAYFIELD RD WINCHESTER, VA 22603- 29 A 22E DEHAVEN, KENNETH DWIGHT & TINA M 637 N HAYFIELD RD WINCHESTER, VA 22603-- COX, DAN R. 346•-C E. MARKET STREET LE:ESBURG , VA. 22075- 30 A 1221 FRENCH, SUSAN L..YNN 4395 NORTH FREDE:RICK PIKE: WINCHESTER, VA 22603- 30 6 3 WYATT, MARY JANE 289 WESTVIEW DR WINCHESTER, VA. 22603-- 40 A 78 ADAMS, MARCUS M. & GL.ADYS N. 561 FOX DR. WINCHESTER, VA. 22601— (continued on back) W. Wayne ller, oning Administrator Frederick C unty Planning Dept. STATE OF VIRGINIA COUNTY (O�F,,FREDERICK I, Lo'kh rll r) Ha I' , a Notary Public in and for the State and County aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this �h day of IcLaz��. My commission expires on @ ) L4,k -A, J)q M Ho NOTARY PUBLIC 29 A 221 DEHAVEN, KENNETH S. & MARY X- 634 N HAYFIELD RD WINCHESTER, VA. 22603- 30 6 6 ERRICO, RONALD 4204 VAN BUREN STREET HYATTSVILLE, MO, 20782- COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 1 I AIFIC.PATI JAI OF P93- L IC TEARING October 30, 1996 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION'OF PEGGY RUBLE, CONDITIONAL USE PERMIT #012-96 On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on November 13, 1996, at 7:15 p.m., in the board room of the Old Frederick County Courthouse, Winchester, Virginia. This hearing is to consider the application of Peggy Ruble to operate a shale mining business. The property is located at 532 N. Hayfield Road and identified with PIN 29-A-22 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Handley Library, or the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, W. Wayne M ller Zoning Administrator W WM/cg 107 North rent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on e d Q Cf, 3 0 419 9 6 from the Department of Planning and Development, Frederick County, Virginia: Peggy A. Ruble 532 N. Hayfield Rd. Winchester, VA 22603 Rodella Lee Watach 622 E. Old Town Road Cumberland, MD 21502 Sidney D. Rogers 420 N. Hayfield Rd. Winchester, VA 22603 Robert J. O'Shea 504 N. Hayfield Rd. Winchester, VA 22603 Is v' Stephen T. & Debra R. Grant 530 N. Hayfield Rd. Winchester, VA 22603 STATE OF VIRGINIA COUNTY OF FREDERICK Lawrence Frederick Ruble 532 N. Hayfield Rd. Winchester, VA 22603 L Earnest R. Pugh 627 N. Hayfield Rd. Winchester, VA 22603 Kenneth D. & Tina M. DeHaven 637 N. Hayfield Rd. Winchester, VA 22603 J. Richard & Edith R. Saville 20 Cedar Drive Sterling, VA 20164 W. Wayne Mi (er, Zoning Administrator Frederick Co my Planning Dept. I, .�b r) 1AA I I , a Notary Public in and for the State and County aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated 02kbj ' LAO , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this c'D IN day of D2bXC, l qq(o My commission expires onr ON ebm 1 `? Q NOTARY PUBLIC i 41 Dan R. Cox 346-C E. Market Street Leesburg, VA 22075 Susan Lynn French 4391North Frederick Pike Winchester, VA 22603 Mary Jane Wyatt 289 Westview Drive Winchester, VA 22603 Ronald Errico 4204 Van Buren Street Hyattsville, MD 20782 Marcus M. & Gladys N. Adams 561 Fox Drive Winchester, VA 22601 v Kenneth S. & Mary I. DeHaven 634 N. Hayfield Rd. Winchester, VA 22603 COUNTY of FREDERICK Department of Planning and Development . 540/665-5651 FAX: 540/678-0682 H AIFIC.POICAI OF PUBLIC HEARING September 18, 1996 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: ' APPLICATION OF PEGGY RUBLE, CONDITIONAL USE PERMIT #012-96 On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on October 2, 1996, at 7:00 p.m., in the board room of the Old Frederick County Courthouse, Winchester, Virginia. This hearing is to consider the application of Peggy Ruble to operate a shale mining business. The.property is located at 532 N. Hayfield Road and identified with PIN 29-A-22 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to ,speak may attend this meeting. A copy of the application is available for review at the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, W. Wayn Miller Zoning Administrator W WM/cg 107 North Dent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on S%nfi. 19, 119 9C from the Department of Planning and Development, Frederick County, Virginia: 29 A 22E DEHAVE:N, KENNETH DWIGHT & TINA M 637 N HAYFIELD RD 9 A w"'.2 RUBLE,F•E:GGY A. WINCHESTER, VA 532 N HAYFIELD RD 2260:3•-- WINCHESTER, VA 29 A 20 22603—• SAVILL.E, J. RIC:HARD & EDITH R. 20 CEDAR DR. 29 >9 A ii3o STERLING, VA. WA'i'ACH, RODE:L.LA LEE-: E OLD TOWN RD CUMBERL.AND , MD 29 A 3. 1.3I ROGERS. SIDNEY D. 420 N HAYFIELD RD WINCHESTER, VA O' SHE:A, ROBE RT ,J 504 N HAYFIELD RD WINCHESTER, VA 2 9 A 23 22603- 29 A 22E 22603—. 29 A 221 GRANT, STE PHEN T . & DE BRA R. 530 N HAYFIELD RD WINCHESTER, VA. 22603-- 29 A 2'C RUBLE. LAWRE:NC:E: FREDE:RICK 532 N HAYFIELD RD WINCHESTER, VA. 2 ;:i603-•- 29 A 23. PUGH, EARNEST R 627 N HAYFIELD RI) WINCHESTER, VA 2260;?5•-- COX, DAN R. 346—C E. MARKET STREET LE:ESBURG , VA. 22075- 30 A 122I FRENCH, SUSAN L. 4395 NORTH FREDE:RICK PIKE WINCHESTER, VA 22603- 30 6 3 WYATT , MARY JANE: 289 WESTVIEW DR WINCHESTER, VA. 22603- 30 6 6 ERR I CO , RONAL.D 4204 VAN BUREN STREET HYATTSVILL.E, MD. W. Wayne Her, Zoning Administrator Frederick County Planning Dept. 20792— STATE OF VIRGINIA COUNTY OFF �AaFR H I, nn i I , a Notary Public in and for the State and County aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated q • l g • q (A , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 1.11h day of r My commission expires on e `? NOTARY PUBLIC 0 0 29 A 221 DEHAVEN, KENNETH S. & MARY I. 634 N HAYFIELD RD WINCHESTER, VA. 22603- 40 A 79 ADAMS, MARCUS M. & GLADYS N. 561 FOX DR. WINCHESTER, VA. 22601-