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HomeMy WebLinkAbout16-00 James E Smelser - Gainesboro - BackfileCUP TRACKING SHEET (To be completed by Frederick Co. Staff only.) CUP # ZC-00 Owner/Applicant \.dMz&A z Application Date Fee Paid Sign Deposit 1z yes initials: /<,d C, yes Sign return date: Submittal Cut -Off Date -1 1 x _ 00 P/C Mtg . date : r0 ' BOS Mtg . date : LU-25- / AGENCY REVIEW COMMENTS V VDOT Airport Authority V Inspections City of Winchester Fire Marshal Co Sanitation Authority Health Dept. PLANNING COMMISSION RECOMMENDATIONS OF e APPROVAL (WITH CONDITIONS) —Zyes no a�O a DENIAL Sigma &retary Date - - BOARD OF SUPERVISORS PUBLIC HEARING ACTION 3 7,"Ie- i APPROVAL " Signed a� G.c �j ;' , C Alb. DENIAL Date Date: File opened NOTES Reference Manual updated/number assigned D-base updated y/ 4e color location maps requested from GIS iFour sets of labels requested from Data Processing Q,3•Q6 File given to Renee' to update Application Action Summary CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated jai• L5� OZ� File given to Renee' for final update to Application Action Summary U \Carol\Common\CUP.TRK Revised Oct. 1, 1999 CASH RECEIPT Date "t 001927 Received From Address _ �`` r,, �`1f; ass$ �+W..> For n AMT OF CASH ACC UNIT AMT. PAID '�' gY •� �') BALANCE ,. --" m MONEY ORDER COUNTY of FR + DERIC K Depan inient. of Nanning and Development. 540/665-5651 F,V IX : 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Karen A, Cain, Receptionist/Office Assistant H SUBJECT: Return Of Sign Deposit DATE-. April 26, 2001 The amount of $50.00 was deposited in line item #10-911-08 for the person named below as a deposit for a sign for Conditional Use Application #16=00..They have -now returned the sign and are therefore entitled to the return of their deposit. You may pay thus through the regular bill cycle. Please send a check in the.arnount of $50.00 to: Mr. James Smelser 1557 Green Spring Road Winchester, VA 22603 RSAlkae TAK.ir(mWarens' s¢6tuffiCVo/nmion\SIGNR.TIZN.ISTtS`TC;NDEP.PER AIW1)EPARTMENT Id COMMONWEALTH OF VIRGINIA �E OF MINES, MINERALS AND ENERGY DIVISION OF MINERAL MINING%" 900 Natural Resources Drive P. O. Box 3727 Charlottesville, Virginia 22903 (804)951-6310 NOTICE OF APPLICATION TO MINE " NOTICE ISSUED BY > APPLICANT'S * �� 24 APR 2001'� Kv,C t Flif[iE � «_ office � ..1 � ADDRESS TELEPHONE NO. S o "- 4� - O09-�- NOTICE ISSUED TO PROPERTY OWNERS WITHIN 1000 FEET OF PERMIT BOUNDARY: Name_ Address_ c State law (Section 45.1-184.1 of the Code of Virginia) requires that land owners within 1,000 feet of a proposed new mineral mine be notified that the operator is seeking a surface mining and reclamation permit from the Department of Mines, Minerals and Energy. The surface mining permit pertains to regrading, revegetation and erosion controls of mineral mine sites. In accordance with that requirement (\yn�✓ �4�1^t: [ice cam,. (COMPANY NAME) is hereby notifying you that it has applied/will apply for a surface mining and reclamation permit on ' /�'9n L /G t /-(DATE). The mineral to be mined is, cl a1­ . The proposed mine is located & miles MVf (DIRECTION) of � (NEAREST TOWN) on S1 Art 4; 1 (ROAD) in 7(CITY/COUNTY), Tax Map ID No. A* ' Property owners within 1,000 feet of the land proposed to be mined for minerals other than coal may specify objections in writing and request a hearing within ten (10) days of receipt of this notice to: The Department of Mines, Minerals and Energy, Division of Mineral Mining, P. O. Box 3727, Charlottesville, Virginia 22903, (804) 951-6310. DMM-103 REV. 9/99 V / J-7 V.. Ut.R�1 REDEIPT REQUESTED I I . 1 1111 0 F U.S,; POSTHGE rni0 WINLZZbUj .'.H 111i HPk 18.'ui UNIIFG 5TATES AMOUNT POSTAL SERVICE 0000 $3.71 00049299-13 Eawl i NECEIPT .,y! it � t1 JESTED gEQ 0 0 FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 December 14, 2000 Mr. and Mrs. James E. Smelser 1557 Green Spring Road Winchester, VA 22603 RE: Conditional Use Permit #16-00 for James E. Smelser Dear Mr. and Mrs. Smelser: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on December 13, 2000. Your Conditional Use Permit, # 16-00 for shale mining with sales, was approved with the following conditions: 1. All review agency comments and Frederick County Zoning Ordinance requirements must be complied with at all times. 2. A state mining permit shall be obtained and kept current as required by the Code of Virginia. 3. No commercial mining operation shall occur until an approved VDOT entrance is constructed. 4. Hours of operation shall be 8 a.m. to 6 p.m., Monday through Saturday. 5. No blasting shall be permitted on the site. 6. No land disturbance associated with the shale operation shall occur within 200 feet of the eastern property boundary shared by the applicant and PIN 22-A-2 (currently owned by Mr. Mullin). If you have any questions regarding this action, please feel free to call this office. Attached for your information is a copy of the portion of the Zoning Ordinance that addresses shale mining operations. Sincerely, Amy M. Lohr, Planner II AML/ch cc: Commissioner of Revenue A\APPRV_DEN\CUP's\Smelser_CUP.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 § 165-51 ZONING § 165-51 screen at least five (5) feet in height. This fence or screen shall be adequately maintained. X. Sand, shale and clay mining, provided that the following conditions are met: (1) All mining shall be above the mean, existing grade level of a parcel of land. (Cont'd on page 16575) 16574.1 6-25-95 § 165-50 ZONING § 165-54 (2) All mining operations shall meet all applicable requirements of state and federal agencies. (3) Such mining operations shall meet the landscaping and screening requirements, supplementary regulations, height, area and bulk regulations and site plan requirements contained in the EM Extractive Manufacturing District regulations. Y. Cottage occupations. Z. Veterinary office, clinic or hospital. AA. Day-care facilities. [Added 8-8-19901 BB. Humanitarian aid organizational office. [Added 1-27-19991 CC. Schools (with residential component). [Added 10-27-19991 § 165-52. Permitted residential density; exception. [Amended 12-11-19911 A. The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit per five acres as determined by the size of the parent tract- as it existed on the date of adoption of this section. B. Exception to permitted density. On lots containing between seven and 10 acres which were lots of record prior to the adoption of this article, lots of two or more acres may be created despite the density limit of one unit per five acres, provided that they meet the requirements of § 165-54B of this chapter. Within subdivisions utilizing rural preservation lots, the forty -percent parcel shall not count against the permitted density of the parent tract. § 165-53. Minimum lot size. [Amended 12-11-19911 The minimum lot size for permitted uses shall be two acres. § 165-54. Permitted lot sizes. [Amended 8-8-1990; 12-11-19911 The following types of lots shall be permitted: A. Traditional five -acre lots. On any parcel, lots of five acres in size or greater shall be permitted. 16575 12-15-99 i � r COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 MEMORANDUM To: Frederick County Board of Supervisors From: Amy M. Lohr, Planner II - Subject: Conditional Use Permit # 16-00 for James E. Smelser to Operate a Shale Mining Business with.Sales Date: December 7, 2000 During your meeting of October 25, 2000, the above -referenced item was postponed indefinitely due to concerns raised by adjoining property owners. On December 6, 2000, the applicant and his son, Steve Smelser, met with staff, Supervisor Reyes, and adjoining property owner Michael Mullin. The purpose of this meeting was to examine the existing shale pit, determine where property lines are located, and explore the possibility of a compromise that both property owners were comfortable with. On site, there was no dispute as to the location of the property line shared by Mr. Smelser and Mr. Mullin. The said property owners agreed on a 200-foot setback from the property line they jointly share. Doubling the setback provides the adjoining property owner with greater certainty that the shale operation will not adversely affect his property. Based on the agreement, staff has revised the conditions of the conditional use permit accordingly. Attached with the memorandum is the revised staff report and original CUP application materials. AML/ch Attachment U• IAnrylConnnoriWoard Menrosl snielser_cep. wpd 107 North Kent Street • Winchester, Virginia 22601-5000 X .. 0 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 INWIFIC.AVICA I Or PUBLIC. Ht'AiRING September 20, 2000 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: APPLICATION OF JAMES E. SMELSER, CONDITIONAL USE PERMIT #16-00 On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on October 4, 2000, at 7:00 p.m.. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This -hearing is to consider Conditional Use Permit #16-00 of James E. Smelser for a Shale Mining Operation with Sales. This property is located at 1557 Green Spring Road.: and is identified with Property Identification Number 21-A-27 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Amy M. Lohr Planner II AML/ch A:\Adjoiners\Smelser—ShaleMining_CUP.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 • i This is to certify that the attached correspondence was mailed to the following on _,Q from the Department of Planning and Development, Frederick County, irgima: 21 - A- - 28- 21 -A. - 32. / Z' _A - MARTIN, SAUNDRA LEE MARTIN, JUDITH E BELCHIC 145 EVENING LN 19704 GREENSIDE TER MONTGOMERY VILLAGE, MD 20886-1919 WINCHESTER, VA 22603 2161 21 - A- - 29- 21 - A. - 25- CHRISTENSEN, JOHN 0 & SHANNON L ZUCKERMAN, STANLEY C & SANDRA E P 0 BOX 821 STEPHENS CITY, VA 22655 234 BELL HOLLOW RD WINCHESTER, VA 22603-2410 22 - A- - 3- NEWMAN, JOHN T. & REGINA G. 21 - A- - 26- JASBO, INC 1500 20TH ST S PO BOX 6 ARLINGTON, VA. 22202-1506 STEPHENS CITY, VA 22655.0006 22 - A- - 2- 21 - A. - 26-B P+j z'A-a6iq MULLIN, MICHAEL S SMELSER, RALPH E. & JOYCE I. & SHADLEY, FAY ANN 345 POORHOUSE RD 1716 GREEN SPRING RD WINCHESTER, VA 22603.3845 WINCHESTER, VA. 22603.2110 21 - A- - 32- 21 - A- - 27-A MARTIN, JUDITH E BELCHIC SMELSER, TIMOTHY W 19704 GREENSIDE TER MONTGOMERY VILLAGE, MD 20886-1919 1664 GREEN SPRING RD WINCHESTER, VA. 22603.2109 21 - A- - 25-A PETTIS, FREDERICK R VV PO Box 676 Am . Lohr, Planner II HOMOSASSA SPRINGS, FL 34447-0676 Frederick Co. Planning Dept. S I'A'I'L OF VIRGINIA COUNTY OFF,,R,1--b EDER [�:h I 11 I, Ln I I , a Notary Public in and for the State and County aforesaid, do hereby certify that Amy M. Lohr, Planner II, for the De artment of Planning and Development, whose name is signed to the foregoing, dated () •()(3 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of wri C�ax) My commission expires on � � EL %_� ARY PUBLIC i • t 21 - A- - 27- SMELSER, JAMES E 1557 GREEN SPRING RD WINCHESTER, VA 22603-2125 TO: Barbara in Data Processing FROM: Planning PApartment Please print ets of labels by: THANK YOU!! 8. The type of use proposed is (consult with the Planning Dept. before completing) Sh'-11e (Y-1 V-) ,nG 0f2� a-fl OINj . -t- � s e. I I s 1-,�I �. • 9. It is proposed that the following buildings will be constructed: /V lk'eh 2yS 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME J Uff, n E • �Z (CkI G b1a(�' � ADDRESS I � 70'� GrQ�Ns� d +�. PROPERTY ID# kloni-cml Y V' (,�J 5�� �µD NAME �T(1r110-y C Zuc,k e �rnct nl ADDRESS I I /� n �; o�3 9 8--,U 4ot aw D� PROPERTY ID# / - f} as i nCkzSI, NAME �I 1� l) T JC • ADDRESS 0 • -P X �% �� ✓ PROPERTY ID# - /� („ NAME PaA9-k �rnc�i�5ate- ADDRESS ! Co �JLQQt� PROPERTY ID# l - /� ' v� (a g oZa(a�3 NAME �Q,Q(Z� C S►5 ADDRESS S,g r► PROPERTY ID# .- NAME -11vro N �, 5�1;�52ti ADDRESS �( %° 1 U z►� n' 2� PROPERTY ID# �2 1 7 NAME -Fr-? C,L2iCk Pj` i S ADDRESS P,D, sox (P-7 .0 PROPERTY ID# ;�, / - % - J S /41- )4oawscaSScL S+Pr'yiT) �y7 NAME SC1Lvyi C� lG� m ADDRESS I L4S C- 7 L ' - PROPERTY ID# - a t,J' nC '.� a3CO C 3 1 NAME ��ll� '� �hGUr1YiCA) hiiShnS-&DRESS PROPERTY ID# si P p"s NAME 5DkN 'i QJ G )OWY' DAD RESS PROPERTY ID#_ NAME Ajl jt 1. ADDRESS 3y S P06 ba'u,oe_ a - (;0; C'i s fi g, 9�(2 Z) PROPERTY ID# o� / 7 NAME �u �' 1"(. �'. IVI a-,{-; n/ . ADDRESS PROPERTY ID# 1 NAME �Gc�s C . �ir2�S-P�l ADDRESS PROPERTY ID# a - A - a NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# RECEIVED 5 `p 0 1- 2000 DEPT, OF PLAtiNI AQr 't- r''v ENi 21 26•A SM SER, RALPH E & JOYCE I k1 16 GREEN SPRING RD INCHESTER,VA 22 21 26-A MELSER, RALPH E & JOYCE 1 1716 GREEN SPRING RD WINCHESTER, VA 22 -2110 21 - A• • SME,22�16-S� H E & JOYCE I 16 GHEPRING RD WINO STER, VA `®728 ff r2-1-iR WINCHESTER, VA l/ 22603.2110 PC REVIEW: 10/04/00 BOS REVIEW: 10/25/00; 12/13/00 CONDITIONAL USE PERMIT #16-00 JAMES E. SMELSER Shale Mining Operation with Sales LOCATION: This property is located at 1557 Green Spring Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 21-A-27 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and vacant PROPOSED USE: Shale Mining Operation with Sales REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to 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 rights -of -way must be covered by a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections Department: No structures involved; no comment required. Fire Marshal: Plan approval is recommended; no additional comments. Health Department: No objection to this proposal so long as the existing sewage disposal system for the residence is not disturbed. James E. Smelser CUP Page 2 December 6, 2000 Planning and Zoning: The Zoning Ordinance allows for the mining of shale in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. The subject parcel is divided by Green Spring Road. The applicant's home lies on the west side of the roadway. The proposed shale mining would occur on the east side, directly across from the home. Through a contract with the Virginia Department of Transportation, some excavation has already occurred on -site. This excavation was conducted within 100 feet of Green Spring Road. In accordance with County regulations, subsequent mining must occur at least 100 feet from the roadway. There are three homes on Evening Lane which abut the parcel where the mining would occur. These properties, however, are screened by evergreen vegetation. Given the 100 foot side and rear yard setback for excavation and the natural buffer, these properties should not be negatively impacted. Private operations of this nature are monitored and licensed by the Division of Mineral Mining (DMM), part of the Virginia Department of Mines, Minerals and Energy. The applicant is aware of the state permitting procedure and has been in contact with David Cress, the mining inspector for our area. Before a permit can be issued, the applicant must provide DMM with suitable operations, drainage, and reclamation plans. The applicant plans to sell shale to individual homeowners, as well as small companies. As a result, considerable heavy truck traffic would be unlikely. Typically, a pick-up or small dump truck would be used to haul shale away from the site. Staff would recommend limiting the operating hours from 8 am. to 6 p.m., Monday through Saturday. The Planning Commission has the authority to require appropriate landscaping or screening within any required yard setback area in order to reasonably protect adjacent uses from noise, sight, dust or other adverse impacts. A site plan is required for all development in the EM (Extractive Manufacturing) Zoning District and all mining operations in the RA (Rural Areas) District must meet all regulations set forth in the regulations for the EM district. However, the applicant does not propose to construct any new buildings in coordination with this CUP. The State permitting procedure may be sufficient to ensure that the site is adequately developed and maintained. Staff would seek the guidance of the planning commission with regard to the necessity of a site plan. James E. Smelser CUP Page 3 December 6, 2000 STAFF CONCLUSIONS FOR THE 10-04-00 PLANNING COMMISSION MEETING: Approval of this conditional use permit may be appropriate with the following conditions: All review agency comments and Frederick County Zoning Ordinance requirements shall be complied with at all times. 2. A state mining permit shall be obtained and kept current as required by the Code of Virginia. No commercial mining operation shall occur until an approved VDOT entrance is constructed. 4. Hours of operation shall be 8 a.m. to 6 p.m., Monday through Saturday. PLANNING COMMISSION SUMMARY & ACTION OF 10-04-00 MEETING: Comments were received from one adjoining property owner who had concerns regarding possible noise, the possible reduction of surrounding property values, the possibility of ground level shaking if dynamite was used in the mining process, possible water and air pollution, and the possible visible degradation of the site. A letter was also received from another adjoining property owner who currently resides in Florida. This property owner was concerned about environmental impacts and the possible impacts on surrounding property values. Commission members commented that shale operations of this type typically use front-end loaders for extraction and the applicant confirmed there would be no blasting. The depth proposed for extraction was also discussed and staff noted that the Zoning Ordinance has three performance standards for mining operations under a conditional use permit in the Rural Areas Zoning District, the first of which requires all mining to be above the mean existing grade level of the parcel of land. The Commission believed that the State permitting procedures would be sufficient to ensure the site is adequately developed and maintained and that a site plan would not be necessary. The Planning Commission believed that adequate controls were in place, ie., the local ordinances pertaining to this type of use will address setbacks, etc., while the operation of the mining business itself, such as environmental pollution, will be regulated through the DMM and their permitting process. James E. Smelser CUP Page 4 December 7, 2000 Based on this, the Planning Commission recommended approval of Conditional Use Permit # 16-00 of James E. Smelser for a shale mining operation at 1557 Green Spring Road with a waiver of the site plan requirements and with the following conditions: All review agency comments and Frederick County Zoning Ordinance requirements shall be complied with at all times. 2. A state mining permit shall be obtained and kept current as required by the Code of Virginia. 3. No commercial mining operation shall occur until an approved VDOT entrance is constructed. 4. Hours of operation shall be 8 a.m. to 6 p.m., Monday through Saturday. 5. No blasting shall be permitted on the site. The majority vote was as follows: YES (TO APPROVE): Fisher, Kriz, Miller, Ours, Thomas, Wilson, DeHaven, Marker, Light, Unger NO: Morris SUMMARY OF MEETING WITH APPLICANT AND ADJOINING PROPERTY OWNER: On December 6, 2000, the applicant and his son, Steve Smelser, met with staff, Mr. Sidney Reyes, and adjoining property owner Michael Mullin. The said property owners agreed on a 200-foot setback from the property line they jointly share. Doubling the setback provides the adjoining property owner with greater certainty that the shale operation will not adversely affect his property. Based on the agreement, staff has added a sixth condition to the conditional use permit as follows: 6. No land disturbance associated with the shale operation shall occur within 200 feet of the eastern property boundary shared by the applicant and PIN 22-A-2 (currently owned by Mr. Mullin). 0:\Agendas\COMMENTS\C[Il"s\2000\Sm el ser.wpd • 9 N w Rt. 65.3 P— S �br c a I m Zuckerman JAS � Q S else S ser elser Mullin Pe s Martin .:,Martin a Newman C istens Martin • Rf A s W � � p CUP # 16-00 PIN: 21—A-27 James E. Smelser Produced by Frederick County Planning and Development, 09-20-2000 0" CONDITIONAL USE PERMIT # 6-0 Submittal Deadline ^00 P/C Meeting 16-4-oo BOS Meeting .10 - 'q*-00 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the V owner other) NAME: -To, m e S -L (� ADDRESS: < % C7"Y -�! �l� Seri 0 q i2LQ ' , 'Ra to D TELEPHONE (p (p ;t - co q (v 2. Please list all owners, .occupants, or parties in interest of the property: c�ee l"C ei-n% 3. The property is located at: (please give exact directions and include the route number of your road or street) %3 q'� R'a No rft, fo ft Apele I e- Q1 J!q-e-- 'J G-o CtRO rc x 6r'(,AQ 0 o n Le -k D.4The property has a road frontage of ', "� feet and a ` depth of (rUrj feet and consists of � 7 acres. (Please be exact) 5. The property is owned by A-Me.5 L S�-d5-eA as evidenced by deed from Ko k-0- t - S mQ D se R recorded (previous owner) in -mod book no. (, on page 7_ , as recorded in the records of the ^1C brk of the Circuit Court, County of Frederick. 6. 14-Digit Property Identification No. D —A " oR:Z Magisterial District C�itneS.borb Current Zoning PA 7. Adjoining Property: USE ZONING RECEIVED North re-5 c1'001 "' I RIV East r'es')aen1;c l R-A CEP U 6 2000 South reS)AeV0,cL 1 ga West 1 cieVtt' a-( DEPT, OF PIANNINGIDEVELDPMENT 0 i 8. The type of use proposed is (consult with the Planning Dept. before completing) s.e. I I s hal 9. It is proposed that the following buildings will be constructed: N 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of ' (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: eIr NAME -J C&a1'fk L • bt(GkiG MCiMADDRESS I 709 V reem J d-e (-er, LA PROPERTY ID# A - 3 a an 4711filMy I WI C I Hib U'0 NAME S+O-n(P-V ADDRESS Q,3 9 8-at 4+(5 ow gyp: - PROPERTY ID# r�2 / - %i " a S WIn� �, U� &Q NAME S (' J.-NC-• ADDRESS y� -d S��e�h.Pit�S Ci � , �� o� (o �✓� PROPERTY ID# -?% / t try NAME PdAp-�\ S�ry�S- ADDRESS 1 (.P ern 2� PROPERTY ID# �i h C��eS�� oZo2(R83 NAME �O-Q ADDRESS % 1( f Win,.- S Y 1 vL PROPERTY ID# -? --ar� NAME 1 I nnb h u ) P� S.Qs� ADDRESS l7 /�_ e ' �P 7 JUVi -- PROPERTY ID# 22L- NAME -Fr e dj u d(- �_ � � h S ADDRESS P,O, B O)C -IG PROPERTY ID# _ S/�- cc(P OSaSSc� ` Pr'nT/ 1--t- , L///97 NAME SNAMciAc- JQe M&yJ-iry ADDRESS )LIS � �� PROPERTY ID# Q / - /.? ` c2 S O l "ads" ,)R& ° 3 NAME jF11J 'f �hGlYlnZlo Ckf'-SLflSOtADDRESS iPG . P0x DL PROPERTY ID# C?/- /� a 9 S t �PF`e"�s ' Vr,- D a& ss- NAME ADDRESS PROPERTY ID# a. NAME 4j 1 (ihQ-PA ADDRESS n 3LI S 'Poc)( 6y c e._ l�nc:lesfip, PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# RECEIVED 5 P 0 1 7,000 DEPT, OF PI.ANNING,'DEVE'�.uPMENT • �7 12. Additional comments, if any: 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 ' 55 % (rrtx- 5aA n9 Owners' Telephone No. 6 & 0-- Q TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: iSheet 2 of 4 • C-w- COBB a Assc D.B. 623- P 686 RA(AGRICULTURAL) 13-A-819, to a 11 19 - ` 20 1 05 3?9 (22-A-2) wn°pS CABIN 0 N it Q W o- a , cc 6g9 CF 11 Tr /.psI' 0 °Os ROq° all ' 11 r --- q--P m2 1 a 13 \ d III Q• I.PF I Z 1 = 400' 0 400 44i 1,T H OF I kv � T110MAS A. SHOCKEL U (L C N 1271 6 nt� - ND SUP.vL; /� 4 3' o e F. a• �� Rq�Q' 69�_ 4CkSoM N w a u-. 24 •�a 22RAc24 UR 3 , N CC �; 41 ice° 25'i1I vn Q 26 m a Ih•- III Z /2 9127'Q p\ oON f; II 28/ z I.Ps. e. II1 z 29. W i •l0 d` W %//�� ' I.Ps.0 11' a (r 30 ! N J Qd Q W 0- J ~AWN 0 2 fL Q OQQ t� z_ / t� _ b �� ►- 9 a' 2 /�a�� a N j e I. PS. �pC� , •' 3 ` Q C9� at Ii CCD \Ji �T Q J ✓q (pgRCFC � � \� 0 w eFs F 2� Rq �qG RT6 ` SMF ^ 4/ q J / NOTE: MAG. �94 _ TY,is line subject 800 1200 to agreement with Smelser. LOT CONSOLIDATION of the land of I FRANCIS M. BAYLISS ESTATE pj Gainesboro District, Frederick County, Virginia Scale 1" = 400' January 31, 1995 O' Ir Sheet 2 of 4 • c. W. COBB a ASSC. D.B. 623- F 688 RA(AGRICULTURAL) 15-A-8,9. f0 a it \ BLACK OAK 18 _STONE PILE f9 _ STONE PILE �. 20 105'3?9 AC. (22-A-2) . O<O CABIN i V) �° / W ` W V U UI N I w Q X 'M_ o ° BRF4/v ` N a w . NU /. as 2.q qT �4L9 cF I`, ma OLOk0 o � °Os R°4p a 11 II _n ^Cm 4CL. \ m 2 it 1 �FF �II ) /V4N °-� 3 D, 3 E. a• / / RA( ACul .zqu 6-97 SON ¢ ¢ 4� 1, 2�q1 vn 22_ CULT 3 AL m aQ ) 28'll w /? qi 27• Q P� QpN f 1' J 1I 28. 16 /I.PS. e% 1 11 w 29 I.NS.0 ; ao 30!'� z b! Q� �aJ _ IRS.�y� �Na Q J W �7 \,6oF✓42M32-Q 4ys0' U S�F ' y I (pa oaUJO N A' rpzm� A yti o IV gFS F 2� / m. 4.2cut s sF \ �TVq /) R J 11 ��NOTE: 1 . 400 MAG. �94 This line subject z'J to acyreement with Smelser. 400 800 1200 nA.SHOCK LOT C NSOLIDATION of the land of FRANCIS M. SAYLISS ESTATE cl Gainesboro District, Frederick County, Virginia Scale 1" = 400' January 31, 1995 n� CgND SON'--' " • • September 29, 2000 County of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 Dear Ms. Lohr: Thank you for the Notice of Hearing on Conditional Use Permit #16-00 of James E. Smelser for a Shale Mining Operations and Sales. I am unable to attend this meeting due to distance] and time constraints. I own property adjacent to this land, Property ID #21-A-25-A, .85 acres, and I oppose this permit. I have had occasion to dismiss Mr. Smelser from MY property for taking shale off my land. I am also concerned about the environmental impact of his proposed permit. Have there been any EPA evaluations done on the proposed mine? Will this operation be totally fenced in? Please furnish this information. I feel that this permit would jeopardize the value of the property I own. If you are unable to furnish information regarding this, I will contact the appropriate agencies as well as my congressman about this matter. If my concerns are not addressed within two day of receiving this notice, I will be contacting all agencies and members of congress appropriate to this issue. Sincerely, �-Or Frederick R. Pettis PO Box 676 Homosassa Springs, FL 34447-0676 (352)621-1662 /cap RECEIVED OCT 0 3 2000 DEPT r, 77'-',1" i�S7F" --7"AENT October 25, 2000 County of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 Dear Ms. Lohr: 0 RECEIVED O C T 3 0 2000 DEPT, OF PLANNING/DEVELOPMENT Thank you for the Notice of Hearing on Conditional Use Permit #16-00 of James E. Smelser for a Shale Mining Operations and Sales. I am unable to attend this meeting due to distance and tune constramts. I own property adjacent to this land, Property ID #21-A-25-A, .85 acres, and I oppose this permit. I feel that my concerns expressed in my last letter have not been addressed. I have been informed that Mr. Smelser has been timbering off MY LAND! He has shown no respect for other people's property, so what will prevent him from doing the same while mining? Your department is supposed to monitor his actions and prevent the destruction of the land and property values. I am in the process of contacting the government agencies concerning these matters. The EPA has strict standards which the county has to abide by in order to pass this permit. You would be doing a disservice to the community to allow this operation to continue. The property values will fall if this mining operation is allowed, guaranteed. I want to stand clear on this issue, I oppose this permit. I will contact the appropriate agencies as well as my congressman about this matter. Sincerely, r Frederick R. Pettis PO Box 676 Homosassa Springs, FL 34447-0676 (352)621-1662 /cap 0 • October 25, 2000 Frederick County Board of Supervisors Winchester, Virginia 22601 Dear Sirs, I am a resident and taxpayer in Frederick County who owns property directly adjacent to the proposed shale removal operation. I have several concerns about the possibility of this proposal meeting approval. After the County Commission's meeting, these first several concerns were to be included in the package of information to be sent forward to the Board. However, I reviewed this information at the library and they had not been made part of the record. My concerns are as follows: INHERENT PROBLEMS WITH SHALE OPERATION IN GREEN SPRING AREA NOISE — The noise level associated with this operation is sure to disrupt the tranquility of the area. One reason I purchased the adjoining property just a few years ago was to get away from the noise of the city. The area is quiet and the blasting of shale, as well as use of digging equipment and trucks with back-up alarms will pollute the area. 2..... REDUCTION OF SURROUNDING PROPERTY VALUES The property in question sis.not zoned,for commercial use, has no conditional use;permits,,nor, should.it. The ;adjomingproperties are',zoned.either..agricultural ouresidentiaL,and.joining these, , ,.prbperties.:;with a.property that is granted a conditional.use:permit is'.sure.to reduce the appeal of the area land; and accordingly, its .value , -3.:., ;,::WATER.POLUTION. :.,The subject property: sits directly beside a rauineahat carries, ...Water year round.",. This' creek leads to Green Spring Run and, eventually .to: larger creeks and streams in the,.area:-� Any shale removal will result in run-off that',wilLundoubtedly areastreams. Additionally, fuel and petroleum product leakage from vehicles, and heavTequipment,:,are sure to pollute the,area-and; damage existingecosystems as, - ell as fish and wildlife. 4: AIR POLLUTION — Any shale operation is guaranteed to produce a tremendous amount of dust -and pollutants. The resulting dust cloud would carry for large distances. With the subject property's close proximity to the road, there is sure to be problems with dust clouds hampering motorist's view of the road and oncoming traffic. This combined with entering and exiting trucks on the relatively small road, with many blind areas, is sure to cause accidents, as well as damage to state roads. The pollutants will also carry to surroundingproperties, causing poor air quality in the area,, 5. VISIBLE DEGRADATION — Given the close proximity to the road, any shale operation is sure to cause an "eye sore" for passing motorist. Frederick County already has enough areas that have been damaged from such operations. Some of these can be seen from miles away as you cross the Blue Ridge and enter the Shenandoah Valley. ** See attached maps for relation of subject property to surrounding properties and homes. • 0 Given that the state agencies have already approved this proposal, and the fact that the planning commission also has granted approval, my concern for each of the above items has been elevated. As a taxpayer, I would hope that you would take into consideration the fact that the surrounding property owners need to have a say in the things that occur around them that directly affect their property and it's value. Unfortunately, so far, this has not been the case. I would ask you to put yourself in our position. Would you want this operation going on outside your bedroom window (which is most definitely what I face given the close proximity of the proposed operation, to my house)? How would you propose to do anything about this? Once this proposal gets final approval, we will have to live with it, no matter how the operation is run. I am aware that the county and state "regulates" the mining operation but what comfort does that provide? I would say none. Over a year ago I took time off from work and went into the county offices to complain about another business operating outside of the parameters of it's conditional use permit. I was told that I would here back in a couple weeks, after they had a chance to ride by and check out the situation. No one called. I called again and was told they would look into it and call back. No one called. Several months went by during this process and I again called. At that time I was told they had been in the area and noticed that something didn't look right and they were going to contact the individual, in writing, and once a response was received, they could proceed. I was told they would call back at that time. To date, no one has called and as far as I know, nothing has been done as the problem still exists. So I ask again, what comfort does this .provide? According tothe proposal, Mr: Smelser must stay 100 ft from the road and 100 ft from surrounding -property lines. If you review the attached: map,. you will see that very little space, exists_between the`.'road.a'nd the property lines of .the other; parties. In fact, I walked the area I b6tween'tl a propertyline on the East, -side: "and the:road and only 300 ft:ekists.between the:two:::: That onlyl'eaves 4,00 ft of.space for this mining to. occur, which, is hardly. sufficient. Just where,'does IVIr ;Smelser plan to mine? The map.provided with ,theiplaii.also shows that the mine will be.ori theWest side of the road. However, in the written proposal, It shows that it will be on the Easrside'of f e'road. Which is it? The proposal also acknowledges that shale was previously taken,from the.site (which:is on the East side). However; after discussions with Mr. Frederick Pettis; adjoinirig.proper'ty'owner, it appears that Mr. Smelser,was digging shale on a sik that is not even his. According to Mr. Pettis, the location where the shale removal had previously occurred, was on his property and he has stated in a letter to the County Commission that he has caught Mr. Smelser removing shale previously, on his property. If you view the attached map, Mr. Pettis' property is shown exactly where Mr. Smelser has previously mined shale, without approval. Another problem is the fact that the proposal given to the county commission included comments that Mr. Pettis' concerns in his letter had been answered. This is not at,all true. During my discussions with him, he was very disgusted at the way this ordeal has been handled. He was not at all happy with the phone call he received from the county and if it weren't for the fact that he lives 900 miles away, he would be at the meetings. He asked that I again call reference to his letter and ongoing complaint. The proposal goes on to say that the 100ft distance between property lines and the operation and the natural vegetation would provide a natural barrier to the site. This may have been true if Mr. Smelser had not gone through and removed trees from the property a few months ago. While walking the property line on October 24, I found where Mr. Smelser had encroached across my • • line with the road he created for removing timber off his property, in turn taking some of the vegetation off my land. Obviously, he either has no clue where the property lines exist, or he doesn't care. I personally researched county court house records and could not find where Mr. Smelser's property had ever been surveyed. All that exists is a legal description. Is he going to be able to tell where the property lines are from a legal description? When I reviewed Mr. Smelser's proposal, I was curious as to why a survey of my property was included in the package, but no others. The apparent reason is that no survey exists and mine is the only one that could be found to reference one of the property lines. I propose that all of these concerns should be answered. Mr. Smelser should not be granted approval for this shale mine. However, if he is allowed to pursue mining shale, he should at the very least be required to have a survey done to assure that he stays the required distance from property lines and the road, on his own property, and be required to complete a site plan. That would allow the Board to visualize exactly what they are approving or not approving and determine if sufficient space exists for such an operation. I again, I ask that you put yourself in the surrounding property owners' place and decide, is this really necessary and do the detriments to the majority outweigh the benefits for the individual? �afichae(ISM�ulfin Sincerely, 191 Evening Lane Winchester, Virginia 22603 c.�,.� 00 y) dG3- 43?5 0 J m N �Sr ti yR �ci W E 5 �14s Newman JAS S else S ser elser Md L� Pe N��an' Martin g il�rr' /VZt.Jiv�rc.„. Ch istens Martin S CUP # 16-00 PIN: 21—A-27 James E. Smelser Produced by Frederick County Planning and Development, 09-20-2000 Key Questions/Points: I am aware that the county and state "regulates" the mining operation but what comfort does that provide, given past experience with the complaints process? Just where does Mr. Smelser plan to mine? East or West side? Should a site plan not be required? Does Mr. Smelser know where the property lines are? Is he aware that he has encroached on them in the past? Is he going to be able to tell where they are from just a legal description? Should a survey not be completed? How does Mr. Smelser propose to mine on a 100 ft wide strip of land? What is his proposal for reclamation? Put your self in our position — would you want this shale mine outside your bedroom window? Do the detriments to the majority outweigh the benefits for the individual? COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 CUNITINIJrM J! I OF PUBLIC HUMMING Ir November 29, 2000 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: APPLICATION OF JAMES E. SMELSER, CONDITIONAL USE PERMIT #16-00 On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on December 13, 2000 at 7:15 p.m.. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is a continuation of the public hearing on to consider Conditional Use Permit #16-00 of James E. Smelser for a Shale Mining Operation with Sales. This property is located at 1557 Green Spring Road. and is identified with Property Identification Number 21-A-27 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, �>� /W. '-:&� Amy M. Lohr Planner II AML/ch A.\Adj oiners\Smelser_Shal eMini ng_CUP.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the 'attached correspondence was mailed to the following on ` 4 r4-Lr. 30, �•�0LI nj from the Department of Planning and Development, Frederick County, irginia: 22 - A- - 2- MULLIN, MICHAEL S & SHADLEY, FAY ANN 346 POORHOUSE RD WINCHESTER, VA 22603.3845 21 -A- - 32. ZI "/g' 2513 MARTIN, JUDITH E BELCHIC 19704 GREENSIDE TER MONTGOMERY VILLAGE, MD 20806.1919 21 - A- - 25- ZUCKERMAN, STANLEY C & SANDRA E 234 BELL HOLLOW RD WINCHESTER, VA 22603.2410 21 - A- - 26-B SMELSER, RALPH E. & JOYCE I. 1716 GREEN SPRING RD WINCHESTER,VA. 22603.2110 21 - A- - 26- JASBO, INC PO BOX 6 STEPHENS CITY, VA 22655.0006 i STATE OF VIRGINIA COUNTY OF FREDERICK 21 - A- - 25-A PETTIS, FREDERICK R PO BOX 676 HOMOSASSA SPRINGS, FL 34447-0676 21 - A- - 26-A SMELSER, RALPH E & JOYCE 1 1716 GREEN SPRING RD WINCHESTER,VA 22603.2110 21 - A- - 27-A SMELSER, TIMOTHY W 1664 GREEN SPRING RD WINCHESTER, VA. 22603.2109 - I 21 - A- - 27- SMELSER, JAMES E 1557 GREEN SPRING RD WINCHESTER, VA 22603-2125 A4 - Amy M. Lohr, Planner II Frederick Co. Planning Dept. Y I , a Notary Public in and for the State and County aforesaid, do hereby certify that Amy M. Lohr, Planner II, for the De ,artment of Planning and Development, whose name is signed to the foregoing, dated �`X) cc) ; has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this _SS day of My commission expires on RjDaA ARY PUBLIC COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 1 I MIC.AtI A I Or PUB Ir i-!EAR1l Ir October 12, 2000 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: APPLICATION OF JAMES E. SMELSER, CONDITIONAL USE PERMIT #16-00 On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on October 25, 2000, at 7:15 p.m.. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Conditional Use Permit #16-00 of James E. Smelser for a Shale Mining Operation with Sales. This property is located at 1557 Green Spring Road., and is identified with Property Identification Number 21-A-27 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, -Atrm- jit'l, Amy M. Lohr Planner II AML/ch AA Adjoiners\Smelser_ ShaleMining_CUP.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 ,Pe R Y This is to certify that the attached correspondence was mailed to the following on - Io from the Department of Planning and Development, Frederick County, Virginia: - -- 22 A- - 2- MARTIN, JUDITH E BELCHIC MULLIN, MICHAEL S 19704 GREENSIDE TER & SHADLEY, FAY ANN MONTGOMERY VILLAGE, MD 20086.1919 345 POORHOUSE RD WINCHESTER, VA 22603.3845 - 21 - A• - 25- 21 - A• - 32• ZUCKERMAN, STANLEY C & SANDRA E MARTIN, JUDITH E BELCHIC 234 BELL HOLLOW RD 19704 GREENSIDE TER MONTGOMERY VILLAGE, MD 20886.1919 WINCHESTER, VA 22603.2410 L , _. 21 -A. - 26•B Gtnd 2I-A-.26A 21 • A• • 27- SMELSER, JAMES E SMELSER, RALPH E. & JOYCE I. 1557 GREEN SPRING RD 1716 GREEN SPRING RD WINCHESTER,VA 22603.2125 WINCHESTER, VA. 22603-2110 21 - A- • 27-A - 21 . A- - 26- SMELSER, TIMOTHY W JASBO, ING PO BOX 6 1664 GREEN SPRING RD STEPHENS CITY, VA 22655.0006 WINCHESTER, VA. 22603.2109 21 - A• • 25-A PETTIS, FREDERICK R PO BOX 676 HOMOSASSA SPRINGS, FL 34447.0676 Amy I. Lohr, Planner II Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I,&1h Ann HQ i I , a Notary Public in and for the State and County aforesaid, do hereby certify that Amy M. Lohr, Planner II, for the Department of Planning and Development, whose name is signed to the foregoing, dated ) () • 10?1 00 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this Gih day of I,JL I CJI�J����, omb My commission expires on �N TARY PUBLIC 21 - A- - 28- • MARTIN, SAUNDRA LEE 145 EVENING LN WINCHESTER,VA 22603.2161 21 - A- - 29- CHRISTENSEN, JOHN 0 & SHANNON L P0BOX 821 STEPHENS CITY, VA 22655 22 - A- - 3- NEWMAN, JOHN T. & REGINA G. 1500 20TH ST S ARLINGTON, VA. 22202-1506 111JLVly r Overview of Programs and Services 11LL11.// W W W.11ll11G.JL0.LG.V0..UJ/L11ll1L 111LLVUUL.LIVIULVL.J/111J LV1y.11L111 • History Permitting Enforcement Accidents / Complaints Public Awareness Program Certification Training Orphaned Land Program Office Addresses / Phone Numbers History The Division of Mineral Mining was established April 20, 1987 by merging the safety and reclamation inspection and enforcement responsibilities for non -fuel mineral mining operations into one division. These programs were originally administered separately by DMME's coal mine safety and reclamation divisions. Realignment of the mineral mining programs greatly enhanced the delivery of services by the Department to its customers and the public. The Division administers and enforces Chapters 14.1, 14.4:1-14.6,14.7:1 and 18.1 of the Mineral Mine Safety Laws of Virginia and The Minerals Other Than Coal Surface Mining Law, Chapter 16, Title 45.1 of the Code of Virginia. The enactment of mineral mine safety and reclamation laws indicated that state law -makers recognized the mineral mining industry's contributions to Virginia's standard of living. It further recognized that, while providing needed resources for development, uncontrolled mining could result in safety and environmental hazards. Permitting The Division of Mineral Mining (DMM) issues mining permits and licenses for all commercial mineral mining operations in the Commonwealth. The permit application includes suitable operating plans to ensure that mining is conducted in an environmentally sound manner. Before a permit can be issued, applicants must provide suitable operations, drainage, and reclamation plans, which will be reviewed by DMM. A reclamation performance bond must be provided by the permittee to insure that funds are available for DMM to contract final reclamation of the mine in the event that the permittee is unable to complete the reclamation. Through permitting and bonding of mineral mines, reclamation is essentially guaranteed. Landowners within 1000' of the permit boundaries of a new mineral mining permit application may request a public hearing. DMM has developed a Hearing Brochure to provide information on the hearing process. Click here for additional information on Permitting and Licensing of mines Enforcement The Division of Mineral Mining (DMM) maintains an inspection staff and conducts safety and reclamation inspections on mineral mining sites. Reclamation inspections are conducted at least twice annually to ensure compliance with state permitting and rec ama ion -taws and re u a ions, . IGIines that are not inspected by t z� e a ministration are inspected y DMM at least once per year to ensure compliance with worker safety laws and regulations. DMM does not conduct safety inspections on mineral mines that are inspected by the Mine Safety and Health Administration, but does investigate complaints and serious personal injury accidents on all mineral mines. The duties and responsibilities of DMM's mine inspectors are not limited to inspection and enforcement activities. Additional responsibilities include conducting safety, reclamation, and certification training classes for industry personnel, supervising the reclamation of mine sites where the performance bond has been forfeited, providing technical assistance to small mine operators, and assisting with orphaned land reclamation projects. Mine inspectors provide permitting and licensing services ranging from pre -application conferences to processing new permits and renewals to bond release following final reclamation. Mine inspectors also respond to all 1 of 5 10/2/2000 9:29 AM 111J LUly 11LL�J.// W W W.11ll11G.JL0.LG.V0..UJ/L11ll1L 111L1VUUL. LIV1U LUli J/111J LVly .11tlll com laints concerning mining activities, investigate potential illegal mine sides. ,p g g � g P g Click here for additional information on Enforcement Accidents and Complaints Accidents involving serious personal injury and worker or citizen complaints are investigated promptly. The appropriate regulatory measures are taken to resolve or correct the problems. Complaints should be referred to the Division of Mineral Mining office in Charlottesville at (804) 951-6310. Click here for additional information on Accident Reporting and Complaints Public Awareness Program Brochures, flyers, and presentations are just a few of the means by which the public is made aware of mine safety and reclamation requirements and practices. Information concerning public participation opportunities available to anyone about the impact of existing or proposed mining operations may also be obtained by contacting DMM's main office in Charlottesville at (804) 951-6310 or via e-mail. Available brochures include: Hearings Division of Mineral Mining Department of Mines, Minerals and Energy Orphaned Land Certification By authority granted in the Mineral Mine Safety Act of Virginia and under the auspices of the Board of Mineral Mine Examiners, requirements are in effect that certain persons who work at mineral mines in the State of Virginia must become certified by the Board. These include General Mineral Miner certification (applicable to all miners going to work at Virginia mineral mines for the first time), foreman certification (for surface or underground mineral mines), blaster certification (for surface or underground mines), and mineral mine electricians. The Division of Mineral Mining's Training and Certification Section administers the certification program on behalf of the Board of Mineral Mine Examiners. This includes management of the processes and records involved in applications, examinations, and certification issuance as well as the scheduling and coordination of training course/class availability statewide. Initial and Renewal certification courses are instructed by DMM's mine inspection staff. Click here for additional information on Certification Training Safety and Reclamation Training The Division conducts regular, on -site safety and reclamation meetings for industry personnel to instill safe work habits and discuss environmental quality at the mine site. This provides an opportunity for the mine inspector to discuss trends and new technologies in worker health and safety and mined land reclamation with miners, mine supervisors, and operators. Certification Training DMM offers the only formal training and certification available to many non -fuel mining employees through its Education and Training program. The program is well accepted by the mining industry and may be used to provide training classes to other industries and government agencies that conduct excavation, blasting or other operations of a nature similar to mining. The Division can develop site specific training courses and programs to adequately represent the customer's needs. Certification courses are offered in the areas of blasting, mine foreman, first aid, electrical repairman and other general mine safety disciplines. Click here for additional information on Education and Trainin Orphaned Land Program Virginia's Orphaned Land Reclamation Program administered by the Division of Mineral Mining was established in 1978 to alleviate the environmental and public health and safety hazards associated with abandoned mineral 2 of 5 10/2/2000 9:29 AM 111JLV1y 11LLIJ.// W W W.111111G.JLa LG.Va.UJ/11111111/111LLVUUL.L1V11/1l VL.D/111JLV1YAM11 mine sites. Orphaned lands are those areas disturbed by the surface mining of non -fuel minerals, which occurred prior to 1969 and were not required to reclaim. Funds for the reclamation of orphaned mine sites are obtained from interest moneys earned from a state managed, industry self -bonding program. Proposed reclamation projects are identified and then evaluated by an Orphaned Land Advisory Committee composed of individuals from the Division of Mineral Resources, Virginia Polytechnic Institute and State University, the Department of Transportation, the Department of Environmental Quality Water Division, the mineral mining industry, and private citizens who assist the Division of Mineral Mining in evaluating the sites and prioritizing reclamation. Click here for additional information on the Orphaned Land Program Office Addresses & Phone Numbers For assistance or additional information concerning the Division of Mineral Mining's programs and activities please contact: Division of Mineral Mining Conrad T. Spangler III, Director P O Box 3727 Charlottesville, Virginia 22903-0727 (804) 951-6312 . Virginia Department of Mines, Minerals, and Energy O. Gene Dishner, Director Ninth Street Office Building, 8th floor 202 North Ninth Street Richmond, Virginia 23219 (804) 692-3200 TTY/TDD 800-828-1120 Directions to DMM Office and Training Facility From Interstate 64: take exit I I8-B (Charlottesville, 29 North); once on Route 29, take the first exit (29 North -Business) and at the yield sign, turn right onto Fontaine Avenue. From Route 29 South: after passing under I-64, take the 29 North -Business exit and turn right onto Fontaine Ave. From Route 29 North: passing Route 250 exit, stay on Route 29 South to the Route 29 North -Business exit. Take this exit; turn left at the stop sign onto Fontaine Ave. Once on Fontaine Ave.: At the first stop light, turn right into Fontaine Research Park. At the stop sign at top of hill, turn right and follow signs to the building. Parking and Main Entrance: Please use the visitors parking area, and enter the building through the main entrance. From the foyer, turn left to reach the Training Room (#1224 - first room on left). DIVISION OF MINERAL MINING Department of Mines, Minerals and Energy P. O. Box 3 72 7 Charlottesville VA 22903 Barney, Gary — Mine Inspector Supervisor Western District (804) 929-7511 geb@mme.state.va.us 3 of 5 10/2/2000 9:29 AM 111JLVly 11LLIJ.// W W W.111111G.0La LG.va.UJ/1.1111111/111L1ULIULJ L1V1U LVl.J/111J LVly.111111 0 Benner, David — Mine Inspector Supervisor Eastern District (804) 739-8052 dkb a,mme.state.va.us Bibb, Tom — Mine Inspector Area 4 (540) 344-2873 tcb@mme.state.va.us Bishop, Allen — Mine Inspector (804) 951-6317 dab Qmme.state.va.us Cress, Da id- Mine Inspector Area 6 (540) 72 -6350 dhc c inm state.va.us Fehrer, Damien — me Inspector Area 5 (804) 315-0305 dcf@mme.state.va.us Fowlkes, Joyce — Office Services Specialist (804) 951-6316 isf@mme.statexa.us Grizzle, Paul — Mine Inspector Area 9 (804)443-4685 pcg2mme.state.va.us Hagy, McDonald - Mine Inspector Area 1 (540) 597-7642 mxh@mme.state.va.us Johnson, Darrell - Mine Inspector Area 10 (757) 986-36-14 odjac mme.state.va.us Martin, Patsy — Program Support Technician (804) 951-6314 pwmQnme. state.va. us Morgan, Robert — Mine Inspector Area 7 (540) 786-8225 rem@mme.state.va.us Mullins, Ron — Safety Engineer Senior (804) 951-6315 ixm a,mme.state.va.us Potter, Gary — Environmental Engineer Consultant 4 of 5 10/2/2000 9:29 AM 111JLVly 11LL1J.// W W W.1111110.ALaL0. v a. uw"11111ll 111LWULLl.L1U1L LkA b1.L11JLU1y.11 L111 (804) 951-6313 gepna,mme.state. va.us Rapp, Richard — Mine Inspector Area 8 (804) 769-3466 rmr c@mme.state.va.us Smith, Charles — Mine Inspector Area 2 (540) 773-2960 ces@nuue.stqte.yq.us Smith, James — Mine Inspector Area 3 (540) 586-0232 jzs(cr�,>rnne.state.va.us Sobeck, Robert - Environmental Engineer (804) 951-6318 rgs a,mme.state.va.us Spangler, Conrad — Division Director (804) 951-6312 cts a,mme.state.va.us DMME Home I DMM Home I Disclaimer I E-mail DMM 5 of 5 10/2/2000 9:29 AM 1 G11111LLlllg J 1A Ul1J111r, Permitting and Licensing LILuY.ii w w W.111111V.6LaLQ. va.UJ/L11111U1 ci...ug1-L^A Wr c11111u111r, ion vl 11 cu�ul�.uuu • Mining Permit/License Required Permit/License Fees Permit/License Renewal Permit/License Renewal Fees Permit Amendments Mine Permit Map Public Participation Mining Permit/License Required § 45.1-181 of Chapter 16 of Title 45 mining operation." Notify Local Government Officials Statistics Public Hearing Information Public Notification Requirements Public Hearing Process Administrative Appeals DMM Authority of the Code of Virginia states that "It shall be unlawful for an to of § 45.1-161.292:30 of Chapter 14.1:1 of Title 45.1 of the code of Virginia states that "No person shall engage in the operation of any mineral mine within this Commonwealth without first obtaining a license from the Department. A license shall be required prior to commencement of the operation of a mine. A separate license shall be secured for each mine operated.....". In an effort to simplify the permitting and licensing requirements the Division of Mineral Mining has combined the permit and license application process into a single Permit Application Package which contains all the necessary forms to obtain a permit. Contents of the required operations, drainage and reclamation plans are outlined on the Permit Application Checklist which is part of the Permit Application Package. Permit/License Fees Permit fees, license fees and appropriate reclamation bonds are required prior to the issuance of the permit/license. For a new permit or a permit amendment these fees should not be submitted until you receive a request or billing from the Division of Mineral Mining. The fees for new permit are as follows: Permit Fee - $12.00 for each acre to be covered by the permit. License Fee'- $75.00 for all mines except for sand mines of 5 acres or less. Sand mines of 5 acres or less must pay a $20.00 license -Tee. Bond - $1000.00 per acre disturbed plus acres to be disturbed in the upcoming 12 month period. OR Minerals Reclamation Fund - $50.00 per acre disturbed plus acres to be disturbed in the upcoming 12 month period. (Mineral Reclamation Fund payments are in lieu of bond and available only to operators who have operated satisfactorily under Virginia's mineral mining law for 5 years or more) Per-mffltMeensp remPv¢a)( e -permit and mmin license mus wed on�anannu�alasis The renewal is not a reapplication process. The renewal invo yes an ijispection and progress report to determine if operations are proceeding according to the approved plans and to insure t at all areas ar vere y e appropriate bond prior to being disturbed b-)L mining. ZZ Permit renewal information and renewal fees must be submitted to the Division of Mineral Mining at least 10 days prior to the permit anniversary date. Updated permit maps must accompany the renewal to show changes in the amount and location of lands that are 1 of 5 10/2/2000 9:29 AM disturbed, lands to be disturbed in the upcoming 12 months and lands that haveTeen reclaimed. If there have not been any changes to the land that affect the permit maps then a statement certifying that there have been no changes will be accepted. Permit /License renewal fees Permit and license renewal fees must be submitted with the renewal package. If there have been no changes in the permit areas the fee amounts are provided in the Renewal Special Order Notice that is mailed to operators at least 90 days prior to the permit/license anniversary date. Renewal fees are as follows: Permit Renewal Fee = $6.00 per acre disturbed plus acres to be disturbed in the upcoming 12 month period. License Fee - $75.00 for all mines except for sand mines of 5 acres or less. Sand mines of 5 acres or less must pay a $20.00 license fee. Bond - $1000.00 per acre for additional acreage to be disturbed in the upcoming 12 month period. Bond does not have to be posted for acres already under bond. Koo Minerals Reclamation Fund - $50.00 per acre disturbed plus acres to be disturbed in the upcoming 12 month period for operations that are entering the Minerals Reclamation Fund for the first time. $12.50 per acre disturbed plus acres to be disturbed in the upcoming 12 month period for operations that have been in the Minerals Reclamation Fund at least one year. (Mineral Reclamation Fund payments are in lieu of bond and available only to operators who have operated satisfactorily under Virginia's mineral mining law for 5 years or more) Permit amendments If the operator believes changes in his original plan are necessary or if additional land not shown as a part of the approved plan of operation is to be disturbed, he shall submit an amended plan of operation to the Division of Mineral Mining. Proper operating, drainage and reclamation plans must be provided with amendments adding acreage to the permit. No lands are to be disturbed until they are included in the'approved permit and properly bonded. Amendments to add additional acreage to the permit must be accompanied by documentation that the operator has the right to mine and remove minerals from the acreage being amended. Such right of entry information may be provided by providing a copy of the deed or lease to the property or by providing the parties to the deed or lease, the date of execution and the recording information for the deed or lease. The Division of Mineral Mining may order an operator to amend their permit to address changes in the operations, drainage or reclamation plan or to address unforseen circumstances or events. Mine permit map The application for a permit shall be accompanied by two copies of an accurate map or aerial photograph or plan and meet the following requirements: 1. Be prepared by a licensed engineer or licensed land surveyor or issued by a standard mapping service or in such a manner as to be acceptable to the Director; 2. Identify the area to correspond with the land described in the application; 3. Show adjacent deep mining, if any, and the boundaries of surface properties, with the names of owners of the affected area which lie within 100 feet of any part of the affected area; 4. Be drawn to a scale of 400 feet to the inch or better; 5. Show the names and location of all streams, creeks or other bodies of public water, roads, buildings, cemeteries, oil and gas wells, and utility lines on the area affected and within 500 feet of such area; 6. Show by appropriate markings the boundaries of the area of land affected, the outcrop of the seam at the surface or deposit to be mined, and the total number of acres involved in the area of land affected; 7. Show the date on which the map was prepared, the north arrow and the quadrangle name; 8. Show the drainage plan on and away from the area of land affected, including the directional flow of water, 2 of 5 10/2/2000 9:29 AM r G11111LL3118 11LLIJ./ / W W W .111111G. J LQ LG. V U. LLJ/ 1J11111L 1 Gl ...nry 1/ V L.J/ i G11111 LL111r, / OG V L1LiG11Jlllb' ,11L111 L, constructed drainways, naturalterways used for drainage and the streams or tributaries receiving the discharge. 9. Be accompanied by a completed Map Legend which identifies by color code or graphic symbol the critical features of the permit area. Public participation § 45.1-184.1 in Chapter 16 of Title 45.1 of the Code of Virginia requires the application for a mineral mining permit to be accompanied by a statement showing the names and addresses of the owners of property within one thousand feet (1000) of the permit line of any land proposed to be permitted. Form DMM-103a entitled " Statement Listing the Names and Addresses of Adjoining Property Owners" may be used for this purpose. Proof that landowners have been notified by certified mail or in person of the application for a permit is required as part of the permit application. Adjacent landowners must be notified by providing them with Form DMM-103 entitled " Notice of Application to Mine". Proof of notification by certified mail can be accomplished by submitting the original return receipts from the certified mail that was used to send the Notices of Application to Mine. Proof of notification in person can be accomplished by having the property owner sign a copy of the Notice of Application to Mine and submitting the notice containing their original signature with the permit application package. Property owners within 1000 feet of the permit boundary may file written objections with the Director, and may request a hearing. If a hearing is requested, it will be held in the county where the proposed mine is to be located and all those requesting the hearing will be notified of the date place and time of the hearing. A Public Hearing Informational Brochure is attached to provide more detailed information about the hearing process. The adjacent landowner notification process applies to initial permit applications only. No new notice is required for permit renewal applications nor for permits for acreage in addition to that originally permitted. Notification of local government officials The permit application must be accompanied by a statement certifying that the chief administrative official of the local political subdivision has been notified of the proposed operation by certified mail. This notice must be sent to the county administrator of the county where the mine is located or to the city manager if located within the boundaries of a city. This notice is required by the mining laws and is not waived by any previous notifications that may have been made as a result of a zoning or land use application. Statistics List of Virginia Mineral Mines; Report DMM.PEPR.17 Summary of Permitted Mine Acreage by Commodity; Report DMM.PEPR.14 Summary of Permitted Mine Acreage by County; Report DMM.PEPR.14 Summary of Tonnage Produced by Commodity; Report DMM.TNPR.04 Summary of Tonnage Produced by County; Report DMM.TNPR.04 List of Mineral Mine Contractors; Report DMM.CNPR.01 Copies of these lists may be obtained by calling (804) 951-6310 or e-mail for information on copying costs. DIVISION OF MINERAL MINING PUBLIC HEARING INFORMATION Public Comment and Hearing Opportunities Concerning Mineral Mining Activities Under the Virginia Minerals Other Than Coal Surface Mining Law and Regulations. Introduction The purpose of this brochure is to provide information regarding public comment and hearing opportunities available to the public concerning new applications for mineral mining permits. Mineral mines may be rock quarries, open pit mines, dredging operations, or underground mines which extract a variety of minerals, not including coal. Mineral mining permits are issued by the Department of Mines, Minerals and Energy's Division of Mineral Mining (DMM) under the Virginia Minerals Other Than Coal Surface Mining Law and Regulations. Public comment periods and public hearings give adjacent property owners an opportunity to voice their concerns 3 of 5 10/2/2000 9:29 AM r ciuuuuir, i,iccuauig uLLY.i i w w W .11llllc. J la lc. v a. uai LuuiL r ci ... cuuu uus i ua vi iccu� ui�. ii uu y or objections about proposed miningoperations. Public notification of a ermit a lication to conduct mining J p p P p PP g operations and the public comment and hearing opportunities that may follow are described below. Public Notification Requirements The applicant for a mineral mining permit is required to notify adjacent property owners within 1000 feet of the proposed permit boundary. These property owners have 10 days from receipt of notification to file written objections with the DMM Director and/or request a public hearing concerning the proposed mining operation. The notice is required for initial or new applications only. No new notice is required for renewal applications or for the addition of acreage to existing permits. Public Hearing Process The public hearing is an informal "information gathering" forum. The hearing procedure is addressed in Virginia's Administrative Process Act (APA Section 9-6.14:11). The purpose of the hearing is to: . Give adjacent landowners and the applicant a forum in which to publicly address any objections or concerns regarding the proposed mining operation. . Set up an appeal for any party aggrieved by the decision of the DMM to either issue or deny the permit. The hearing will be conducted by a hearings officer and held in the general vicinity of the proposed mining operation. Persons attending the hearing may present written and/or oral comments, and photographs or other evidence. The hearing will be recorded. The hearing is not an adversarial proceeding. Cross-examination is not permitted, as the hearing is only informational or fact-finding in nature. Questions will be addressed to the hearings officer, who will determine what procedure is best for answering the questions. Due to time constraints, it may not be possible to respond to all questions or concerns at the hearing. However, all issues raised will be addressed in the hearings officer's written recommendation. Within 30days after the close of the hearing, the hearings officer will make a written recommendation to the Director of DMM to either issue the permit, deny the permit, or require the operator to supply additional information to be evaluated prior to making the final permit decision. Each person that requested the public hearing and the permit applicant will be provided with a copy of the hearings officer's recommendation. Other hearing participants may also request a copy of the recommendation. Based on the recommendation and any additional information provided pursuant to the hearing, the Director of DMM will either issue or deny the permit. Administrative Appeals The issuance of the permit, or the decision to deny the permit application, represents DMM's final order or case decision and as such may be appealed to civil court in the city or county where the mine is to be located. If the final order is appealed, the rules controlling such an appeal are found at Rule 2A, Rules of the Supreme Count of Virginia and Article 4, Court Review, of the Administrative Process Act. Parties with a right to appeal the final order have 30 days from the date of the issuance of the permit to file a notice of appeal under the referenced Rules. You must file a notice of appeal to begin the process. If you receive this notice of final order by mail, three days are added to the 30-day requirement. DMM Authority Through its administration of the Minerals Other Than Coal Surface Mining Law and Regulations, the Division of Mineral Mining provides for the safe and environmentally sound exploration and production of Virginia's non -fuel minerals. This is accomplished through the permitting process and regular mine inspections that address such areas as: . Method of Operation . Grading and Seeding . Citizen and Worker Complaints . Mine Map . Erosion and Sediment Control 4 of 5 10/2/2000 9:29 AM 1 G11111LL111r, L1L.G11Jlllb' 11L LIJ.// W W W.11ll11G.JLaLG.va.LW/1J111111/rGl... 115/1JL)U0/1'G11111LL111r,/UGl/L1<,G11J lllb'.11U11 aJ I , ` � • . Mine Road Maintenance . Operator Insurance Bond . Construction Activities . Blasting Operations . Screening of the Mine Operation . Final Reclamation and Stabilization of the Site Common issues of concern, not covered under the Mining Laws and Regulations, are listed below: . Land -Use; Zoning . Property Value . Traffic on Public Roads . Hours of Operation . Life of the Mining Operation Please direct any questions to DMM's office in Charlottesville: Department of Mines, Minerals & Energy Division of Mineral Mining P. O. Box 3727 Charlottesville, VA 22903 Phone: 804-951-6310 FAX: 804-951-6325 DMME Home I DMM Home I Disclaimer I E-mail DMM 5 of 5 10/2/2000 9:29 AM a REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. Appli%nt's name, address and phone number: U,'L )- o> ) J C, Name of development and/or description of the request: Location: S 1., w 7y /9Z- - 7 3 `l b-11- .Ef _ lr "7 / , 1_ c� �.-� Ohl- 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 be constructed to our minimumstandards o aliow tor safe egress and ingress ot the proper y. fty work performed on tile State rights of way must be coverud by 3 !cMd ase :i T'.:o p armi t i c h47 t-L; S Of r;,Q Zu-1 r�qn; gL c NOTICE TO APPLICANT � It is your responsibility to complete this form as accurately as poss t �-'�W the agency with their review. Also, please attach two. 2}-copies of your applicatio�,$rr&,dogbon map and all other pertinent information. I'' DEPT, OF P'.r'MiNGIDEVELOPMEWI RECEIVED JllN 3 02000 1S, c=(oor2 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal CQ �.,,��\�ATTN: Fire Marshal 107 North Rent Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, 1st floor of the County Administration Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Name of development and/or description of the request: Location: to Itih�t��,�ll o�. r G-o aAP�k. 3 eS. C�r�jcw!aLs Fire Marshal Comments: Fire Marshal Signature & Date ��, - �• -� - o (NOTICE TO FIRE MARSHAL - PLEASE RETURN TH S 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 e copy; -of your application form, location map and any other pertinent -information. COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. CUP00-0012 Date Received 6/30/2000 Date Reviewed 7/5/2000 Applicant James Smelser Address 1557 GreenSprings Road Winchester, Va. 22603 Project Name Shale Mining Operation Phone No.540-662-0096 Type of Application Conditional Use Current Zoning RA 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Gainesboro Tax I.D. No. 21-A-27 RECOMMENDATIONS Automatic Sprinkler -System. Residential Sprinkler System Automatic Fire Alarm System Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Fire Lanes Required Yes No XX Comments Not Identified Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes . No XX Comments Hydrant Locations Adequate. Inadequate Not Identified XX ,Siamese Location, . Adequate Inadequate Not Identified XX Additional Comments. Attached? Yes No XX Plan Approval Recommended? Yes XX No 0=100a . REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Kent Street Winchester, Virginia 22601 (540) 665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: �i( l�J��iar✓(�11�f',��Lt c a ,� fJ Cy '�— G `� Y cc, .-?. --- C.7 9 C, Name of development and/or description of the request: Location: s�� f�fo�fih Qfi ?3� � RP(,?- 1b uWll�2h. l`J �� V�rp_- cnrtt-nc ( Rt- 1n7/ J r;" Inspection Department Comments: No structures involved. No comment required. Code Administrator Signature & Date: �—���-'"^� (NOTICE TO INSPECTIONS DEPT.*PLEASE "TURN THIS FORM TO 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 and all other pertinent information. 611 REQUEST FOR CONDITIONAL, USE PERMIT COMMENTS Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540) 722-3480 2'�'d Pt 0C) h-e- L The Winchester -Frederick County Health Department is located in the County Administration Building at 107 North Kent Street in Winchester, if you prefer to hand delivered this form. s name, address and phone number: 61 3 � Name of development and/or description qf� the request: Location: Health Department Comments: +4' �' ©�3�J !r C %%J o�s' %� %%'1 S"6 r✓7' /J S/L� i9 p/✓z C--X r S r�ti� s'F �-�R C"� a.� � s .✓J� s-�4-� s���-��� �o �� � � /��1�a� �c� Signature and Date: 71:�' 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 and all other pertinent information. LAIMUNT. ANUSRNON & LAIMICK ATTVIINNY■ AT LAW WINCIINUTNR. VIIIUINIA ROBERT W. SMELSER - WILL F',O0K '7�; �nrF 6P1 I, ROBERT W. SMELSER, of Frederick County, Virginia, being of sound and disposing mind, do hereby make, publish and declare this my Last Will and Testament, hereby revoking any previous Wills or Codicils heretofore made by me. ONE: I direct that all my just debts and funeral expenses be paid. TWO: I give and bequeath to my wife, Virgie Smelser, all of my personal estate of whatever nature, including money, stocks, bonds and furniture. THREE: All the balance, residue and remainder of my estate, I give, devise and bequeath to my'wife, Virgie Smelser, for and during the period of her natural life, and after her death, I give, bequeath and devise the residue and remainder, to my son, James E. Smelser. FOUR: I nominate and appoint my wife, Virgie Smelser, Executrix of this my Last Will and Testament, and direct that she be exempt from giving any surety or sureties on her official bond. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal this day of May, 1972. His Robert Smelser (SEAL) Robert W. Smelser Witness to Mark: Mark The foregoing instrument, subscribed at the end thereof by Robert W. Smelser, the above named Testator, and by - Page 1 of two pages - M L.AnoENT. ANAEnso.* & L.AnnICIC ATTORNPITe AT LAW NIIIcnzwTQ11. VIMUINU it • i i ROOK '7r) mrr G22 him signed, published and declared to be his Last Will and Testament, in the presence of us and each of us, who, in his presence and at his request and in the presence of each other, subscribe our names as attesting witnesses upon the day of the date of the said Will. n A) �� �residin at L0-- 9 z a r residing at�f'�v residing at - Page 2 of two pages - P,onl %Fi P',Gf 4�2 b In the Circuit -- Clerk's Office of Frederick County, Virginia: On this day of L , 192. , a writing bearing date of��'�C day of/ Lh- <6 , purporting to be the true, last will and testament of j proved by the oaths of two of the subscribing witnesses thereto, who first being duly sworn dia depose and say that the sai� deceased, was produced before the Clerk and duly C F_ 1. l ����� , deceased, had signed said writing in their presence, and they had signed the same in �-CN presence, and in the presence of each other, they�eing all present together, and that the said deceased, was of sound and deposing memory at the \ time of signing said writing, and `7— declared said writing to be win. Also rwrttingbd—aridg--d a oMe Aa"f p"porting to-lie-eodicitt6aidwill, was prove by fire oa ttraf-- who. being duly swain, did depose and de ' ' rescnce and that they had signed the tame in gxatence 1wd1rrUt d. d sar iI to will, -and that-theyArily believe t— aid — he ti a of si in All of -the said facts being duly proved; and on the motion of n v the said writini ZlLJadmitted to probate as and for the true, last will and testament of deceased, and it is ordered to be recorded. fa -- the -Ex ot- therm --Marred. is hereby-apputt wtExe"+ , Ofsaid- wIfl;whe7 U_P_P6n qualified f S �ith— surety -who justified-as-te _ sufficiency �'he-said—. taking the prescribed -oath -to faith schar e — AYtiaL-aLia I On the further rr,ntion of the t2id the,'gllowing are-appointedappfaisers-of-sai44staL;: i aftt�ti and sh I i Chat : 1 i This Easement and Boundary Line Agreement made and dated this 7th day of March, 1995, by and among SAUNDRA L. MARTIN, Individually and as Executrix of the Estate of Francis M. Bayliss, hereinafter called Party'of the First Part, and JAMES E. SMELSER, hereinafter called Party of the Second Part, and IVAN E. JACKSON .and THOMAS C. JACKSON, hereinafter called Parties of the Third Part, and CHARLES D. PIERCE and IVAREAN B.- PIERCE, his wife, hereinafter called Parties of the Fourth Part. WHEREAS, the parties of the first and second parts wish to establish the common boundary line between their respective lands as shown on -the plat and survey of Thomas A. Shockey, L.S., dated January 31, 1995, attached hereto and by this reference is made a part hereof. WHEREAS, all of the parties have agreed to convey and establish rights of way for Charles D. Pierce, Ivarean B. Pierce, Ivan E. Jackson and Thomas C. Jackson, over the land of Francis Vi t3ujilSS, deceased, as Shown on the plat as Driveway Day -L- and Old Woods Road and the lands of all parties herein as designated and shown on the aforesaid plat and survey. NOW, for and in mutual consideration of the agreement herein made, the parties hereby agree as follows: 1. All boundary lines as shown on said plat and survey and in particular the boundary lines between the land of James E. Smelser and Francis M. Bayliss, deceased, are hereby g3c, / 13a-7 agreed to be the true and correct boundary lines of all of the parties. 2. Charles D. Pierce and Ivarean B. Pierce, their heirs and assigns, are hereby granted a perpetual easement for egress and ingress to said property of Pierce over Evening Lane from Route 671 and over '_he �!xis-cing driveway as described in Note 1 on the attached plat and survey. 3. Ivan E. Jackson and Thomas C . Jackson, their heirs and assigns, are hereby granted a perpetual easement for egress and ingress to said property of Jackson over Evening Lane from Route 671 and over the Old Woods Road as described in Note 2 on the attached plat and survey. WITNESS THE FOLLOWING SIGNATURES AND SEALS: SAUNDRA L. MARTIN JAMES E. SMELSER IVAN E. JACKSON (SEAL) (SEAL) (SEAL) (SEAL) THOMAS C. JACKSON (SEAL) IVAREAN B. PIERCE (SEAL) CHARLES D. PIERCE STATE OF VIRGINIA CITY/COUNTY OF g36 / /3a S/ , TO -WIT: I, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that SAUNDRA L. MARTIN, Individually and Executrix of the Estate of Francis M. Bayliss, whose name is signed to the foregoing Easement and Boundary Line Agreement, dated March , 1995, has personally appeared before me and acknowledged the same in my State and jurisdictio:, afores,.,id. Given under my hand this day of March, 1995. My Commission expires STATE OF VIRGINIA CITY/COUNTY OF NOTARY PUBLIC , TO -WIT: I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that JAMES E. SMELSER, whose name is signed to the foregoing Easement and Boundary Line Agreement, dated March , 1995, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. 1995. Given under my hand. this _ day of My Commission expires NOTARY PUBLIC I � Ao l- 13 a� STATE OF VIRGINIA CITY/COUNTY OF . TO -WIT: I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that IVAN E. JACKSON, whose name is signed to the foregoing Permanent Easement, dated March 1995, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. 1995. Given under my hand this day of My Commission expires STATE OF VIRGINIA CITY/COUNTY OF NOTARY PUBLIC . TO -WIT: . I, , a,Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that THOMAS C. JACKSON, whose name is signed to the foregoing Permanent Easement, dated March , 1995, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my han:a this day of 1995. My Commission expires NOTARY PUBLIC STATE OF VIRGINIA CITY/03UNTY OF g 3(, l /33c-) WINCHESTER TO -WIT: I, Barbara J. Kuhn , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that CHARLES D. PIERCE and IVAREAN B. PIERCE, whose names are signed to the foregoing Easement and Boundary Line Agreement, dated March 6 , 1995, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. 1995. Given under my hand this 6th day of March My Commission expires May 31, 1998 ,- NOTARY PUBLIC Sheet 1 of 4 )t �3s, S9 LOT CONSOLIDATION aJS 6 3 (3 3 of the land of FRANCIS M. BAYLISS ESTATE Gainesboro District, Frederick County, Virginia January 31, 1995 Tax Map Nos: 22-A-1 Zoning RA 22-A-2 RA 22-A-4 RA 22-A-5 RA VICINITY MAP 1" = 2000' 0 ADMINISTRATOR � V OWNER'S CONSENT: Rt. I 654� t'� (A AN R t. 6r y DATE The attached plat: to Consolidate the .several contiguous parcels of the Francis M. Bayliss Estate is with the free consent and in accordance with the desires of the undersigned owner or agent. (SEAL) Saundra L. Martin,Executor of City the Estate of Francis M. Bayliss State of Virginia , )Covmt�'y of Winchester , TO -WIT: Acknowledged before me in my County and State aforesaid this day of February , 19 95, by Saundra L . Martin Notary Public My Commission expires 0-5/3/ /v SURVE'YOP'S CERTIFICATE: I certify that the land contained within the bounds c this survey as shown on the plat attached hereto is a port of the land conveyed to Francis M. Bayliss August 9, 1_954 Deed Book 232 - Page 461 and February 10, 1960 in Deed Boc 261 - Page 569 and a portion of the land conveyed to Marti - Martin September 10, 1957 in Deed Book 248 - Page 537, sai portion having been devised to Francis M. Bayliss in Will Book 82 - Page 611. a L.S. 1110 A A. SH�CKEY. �UCE.NSE) f u. 1 1271 Sheet 2 of 4 C.W COBB a ASSC. D.B. 623- F 688 RA(AGRICULTURAL) 15-A-8,9, to a II dir a'7 r \ i 1 = 400' Z n 1100 g3s� stir 83c�� 133a 20 105.3?9 AC �. K'n00S CABIN i ENO (D cu w N m N w in ` 0 0, ed'FgN m w w �4 / ee ODE N 6 9RCF / ps q-2gT�q (� 1 . O�0 1! ' °ODS ROgo a 11 ' 11 r _ 9� p o n 04m CO 13 \\ o • 2 � �I PF III Q�• I.� �o c► o VOMAS A. SHOCKU X(L�ICE&N 1271 � V v �� / 4 3. A 3 \ — Rq (AG 69�- P• ckSON N c�u Q 24 \ dIcz4TURAti4� TLL... 2�i11 to ai aQ 1 i h. 26I•I� w ' q 27 • a p o p0N f: II 28I z LPS. e. III 29iz • .� •10 drW /w I.PS.0 ,� aN 301. Z J Qd 4 ZD, :D4 (D U ' ~MAN O O� 4 I-)o Cr a z /11 4- 0 - i jPS. �0�� 3 ` ���'� n CO 7 Q J i N �\ 6 SQO / AF 232.,p h'°(l r 1 I p M w N SF 4 z o 46� O a of a �p \ aoa k: MFS 2l \ 6, F Rq � GR�C /.q, 2�TUeel q4) NOTE: MAG. '94 Tr�is line subject 800 !200 to agleemenl�- with Smelser. LOT CUNSOLIDATION of the land of !P FRANCIS M, BAYLISS ESTATE 1 Gainesboro District, Frederick County, Virginia Scale 1" = 400' January 31, 1995 Sheet 3 of 4 3 / l 33 3 The attached plat is a survey of the several contiguous parcels of the Francis M. Bayliss Estate and is more particularly a portion of the land conveyed to Francis M. Bayliss August 9, 1954 in Deed Book 232 - Page 461 and February 10, 1960 in Deed Book 261 - Page 569 and a portion of the land conveyed to Martha Martin September 10, 1957 in Deed Book 248 -Page 537, said portion having been devised to Francis M. Bayliss in Will Book 82 - Page 611. The said Land fronts the Northern side of Evening Lane a short distance West of Route 671 and lies in Gainesboro District, Frederick County, Virginia. Beginning at (1) a railroad spike(set) in the Center Line of Evening Lane and corner to Saundra L. Martin. Thence with Martin and the Center Line of a roadway N 67' 14' 30" E - 106.79' to (2); Thence N 200 51' 06" E - 34.61' 'to (3) a railroad spike (set); Thence leaving the said roadway N 88' 41' 54" W - 266.85' to (4) an iron pin(set); Thence N 74° 10' 34" W - 355.10' to (5) an iron pin(found) in the line of James E. Smelser; Thence with Smelser N 27' 50' 21" E - 961.90' to (6) an iron pin(found) corner to Timothy W. Smelser; Thence with Smelser N 16' 35' 51" E - 172.00' to (7) a stone pile(found) corner to Ivan E. Jackson; Thence with Jackson S 22' 59' 20" E - 193.46' to (8) an iron pin(set); Thence S 10' 45' 16" E - 330.00' to (9) an iron pin(set); Thence S 29' 44' 50" E - 45.50' to (10) an iron pin(set); Thence S 740 30' 00" E - 165.00' to (11) an iron pin (set); Thence N 21' 54' 25" E - 371.25' to (12) an iron pin(set); Thence S 740 30' 00" E - 594.00' to (13) an iron pin(set); Thence N 210 54' 25" E - 1052.49' to (14) an iron pin(set); Thence N 800 07' ]'5" W - 1498.13' to (1_:) an iron pin(found) corner to JASBO, Inc.; Thence, therewith, N 46' 06' 27" E - 423.30' to (16) a:: iron pin(set); Thence N 56' 52' 25" E - 330.00' to (17) an iron pin(set); Thence S 800 07' 35" E - 2255.40' to (18) a large black oak(found blazed) surrounded by a rock pile corner to C. W. Cobb & Associates; Thence with Cobb and John T. Newman S 06' 01' 04" W - 567.78' to (19) a stone pile(found); Thence with Newman S 070 35' loll W - 1312.17' to (20) a stone pile(found); Thence S 860 14' 02" W - 1137.84' to (21) a railroad spike(set) in the Center Line of Evening Lane; Thence with the said Center Line N 780 38' 37" W - 394.29' to (22); Thence S 870 52' 54" W - 157.91' to (23); Thence S 690 05' 22" W - 144.02' to (24); Thence S 60' 15' 44" W - 53.48' to (25); Thence S 800 05' 37" W - 75.63' to (26); Thence N 89` 40' 25" w .. 108.67' to (27); Thence N 780 01' 36" W - 148.05' to (28); Thence S 860 52' 17" W - 102.26' to (29); 'Thence N 71' 59' 01" W - 179.06' to (30); Thence N 66° 04' 31" W - 279.05' to (1) the point of beginning. Containing - 106.817 Acres • Sheet 4 of 4 �3�/ /33Y Within the bounds of the above described tract is he Lot conveyed to Ivarean B. Pierce and Charles D. Pierce May 24, 1982 in Deed Book 547 - Page 689 and described as follows: Beginning at (40) an iron pin(found) corner to the Francis M. Bayliss Estate. Thence, therewith, N O10 58' 35" E - 280.11' to (41) an iron pin(found); Thence S 66' 35' 00" E - 299.84' to (42) an iron pin(found); Thence S 13° 49' 29" W - 197.78' to (43) an iron pin(found); Thence N 82' 30' 00" W - 239.59' to (40) the point of beginning. Containing - 1.438 Acres Total Area Frances M. Bayliss Estate: 106.817 Ac. - 1.438 Ac. = 105.379 Acres Note 1: Also shown on the plat is the Center Line of the existing driveway from the Northeast corner of the Saundra L. Martin Lot thru the Bayliss Estate Land to the Ivarean B. Pierce Lot and described as follows: Beginning at (3) a railroad spike (set) in the Center Line of a roadway. Thence with the Center Line of the existing driveway N 20° 51' 06" E - 95.89' to (a); Thence N 57' 27' 05" E - 50.91' to (b); Thence S 81' 38' 55" E - 81.10' to (c); Thence S 62' 34' 42" E - 102.20' to (d); Thence S 66' 06' 49" E - 155.53' to (e); Thence S 31' 40' 12" E - 166.98' to (f); Thence S 63° 50' 34" E - 65.41' to (g); Thence N 88° 46' 45" E - 93.11' to (h); Thence N 54' 57' 43" E - 52.11' to (i); Thence N 13' 11' 30" E - 79.82' to (j); Thence N 430 45' 08" E - 29.60' to (k) sLid point being N O1' 58' 35" E - 7.83' from (40) an iron pin(found). Note 2: Also shown on the plat is the Center Line of an old woods road leading from Evening Lane thru the Bayliss Estate Land to the Ivan E. Jackson Land and described as follows: Beginning at (1) a point in the Center Line of Evening Lane, said point being N 78' 38' 37" W - 369.31' from (21) a railroad spike(set). Thence with the Center Line of the old woods road N 300 43' 15" E - 76.80' to (m); Thence N 030 23' 01" W - 101.44' to (n); Thence N'08° 04' 19" E - 97.09' to (o); Thence N 150 55' 42" W - 84.33' to (p); Thence N 00' 24' 39" E - 70.97' to (q); Thence N 050 24' 03" E - 218.91' to (r) said point being N 210 54' 25" E - 93.24' from (13) an iron pin(set). Surveyed - January 31, 1995 THOMAS A. SHOCKEY 883 Back Mountain Rd Winchester, VA 22602 VT110 1A,S AA.�S'HOCKEY n(LICF`FISE) NUcr 1211 , 8K855PG1711 THIS DEED OF CONFIRMATION OF RlGiff OF WAY, made and dated this list day oflMarch, 11,016, by and bc; ::cn JAMES K. SMELSER and ERMA SMELSER, his wife. hereafter called Grantors, and SAUNDRA L. MARTIN, lndividua!ly and as Executor of the Estate of Francis M. Bayliss hereinafter called Grantee. WHEREAS, for over twenty (20) years, a right of way has existed for egress and ingress from Route 671 over the land of grantors for the benefit of the 105.379 acre tract owned by the estate of Francis M. Bayliss and described by plat and survey of Thomas A. Shockey of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed 835 at Page 546. way; WHEREAS, the parties wish to confirm in writing the existence of said right of NOW, THEREFORE, the Grantors do hereby grant and convey and confirm a perpetual right of way for egress and ingress to the Grantee, her successors -in -interest and assigns, over the lark: of the grantors beginning at Route 671 and extending over the road leading therefrom now designated Evening Lane to the land of Saundra L. Martin. Said existing right of way hereby confirmed and conveyed has a width of the existing road designated Evening Lane. Said right of way to be used in common by the grantors, their successors in interest and assigns, and the grantee, her successors in interest and assigns, whether as executor of the Francis M. Bayliss estate or individually. vwx<'L all s��- SKS55PG 1712 WITNESS the following signature and scJ: k � (SEAL) ilk Lr, (SEAL) ERMA SME1,SER _(SEAL) SAUNDRA L. MARTIN, Executor or the Estate of Francis M. Bayliss, and Individually STATE OF VIRGMA: CITY/COUNTY OF W'%Ocj6eSAcr __,TO -WIT: 1, a otary Public in and for the State and jurisdiction aforesaid, do hereby certify that JAMMES SMEI—SER and ERMA SMEISE14 his wife, whose names are signed to the foregoing Deed of Confirmation of Right of Way, dated March 21, 1996, has personally appeared before —c and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this (! day of J 1996. My Commission expires —So Qj- Qlo. kq I CL N Y PUBLIC Z) q lio Page -� Cry > ulclrr-Oki-evnv nc:<h:enn;N'r �,it �R U 10 3 4 �l (k)isiribudon) 1/we, 1AMEt F SA1 - S . AND .Rhi 1AAa�iEL_SE1i the undersigned Grantors, in consideration of One Dollar ($LOG) and other valuable comideralion, receipt of which is hereby acl rowledged, grant unto THE POTOMAC EDISON COMPANY, as succesru)rx and assigns, (the 'Company') a right-of-way FORTY feet ( 4o- ') wide for tyre purpose of corutructing, recrmstru_ling, inspecting, operating and maintaining an overhead aryl/or undcrgr(Nud electric and communication system including all nocessary poles, anchors, wires, trenches, conduits, c+bles and other facilities tinder, over and upon the property which liwe 1/we own or in which 1/we have any interest, situated in r111NFSR0Rt7 District of FRFDFRICK County, State of _ VIRMNIA__ , acquired by me/us from._—_ V1RGIF SMFISPR by deed dated the 12T.LL_—day of IIINF -. 1919- _ , of record in _ Wll 1. Book No. 79 Page _13L—of the larxd records of FRFn11R1C'K County, State of VIRCA IA together with right of ingress to and egress from said rightof-way at all times over Ure lands of Grantors; said system to be located as indicated on Company's Drawing No, W1112026 , which is incorporated herein by reference and is either attached hereto or filed in Company office, said rightof-wry being more particularly described As follows: ON I ANT) OF TAMES F 4MFl SFR AND FRMA G. SMFr SFR ON THE WEST SIDE OF CRFFN SPRING ROAD NORTH OF GREEN SPRINGY RFGINNING AT ?XJST NG POLE N419111 AND FXTFNDINO IN A NORTHRRI-Y DIRECTION AI.OP G TIjF, FAST SIDE OF GRANT RS LAND A DISTANCE OF 499 FFFT TO THE 71]CKFRMAN I -AND_ THIS t INF MAY RE FXTFNDFD FOR FUTURE RFQtIIRFMFNT-S OF and to permit the installation of wires, cable, conduit or other facilities of any Company or persons. The Company shall have the right to install, maintain, operate and replace its undergrautd and overhead facilities without responsibility for any damage caused thereby to trees, shrubs, flowers or any other obstruction grown, constructed or placed on said right-of-way and shall at all times have the right to clear and keep clear the right-of-way and to control, cut down, trim and remove trees, limbs and brush under and alongside of said facilities sufficiently for the safe and proper operation and maintenance thereof; said sum being in full payment therefor. No structures, except usual fences, may be placed on the right-of-way. The Company will relocatt. owe, -head poles when necessary to conform to future building operations of the undersigned and will repair all ruts and pay for all damages to fences, crops, and livestock causal by the operation, maintenance, rebuilding and removal of mid line, if notice in writing is given within thirty days after such damages are suffered, otherwise it is understood that such damages are waived. Witness the following signatures and seals this day of 17--~ un the year Z92 - GRANTORS: (SEAL) , j (SEAL) Oki ESE sk.LSER (SEAL) jrps i / ,e;—"-o ct_-- (SEAL) ERMA o. s► WER • , / � �� State of `��!/ut cr r� County of to- wit: l hereby certify that on this 2 3 day of_ * _ A.U., 19 -�6 before me a Nary Public in a9� fix* State a Canty aforesaid, personally appeared F i, 111 (SEAL) (SEAL) (SEAL) (SEAL) known to toe to be J.he persons) whose na e(s) i /are 'geed to the written instrument hereto annexed, beariig date the day of r- 19 and Acknowledged before m : in my said County that he/she/they executed the sa for the purposes therein coctained, and that the Actual cot :ideration paid, including amounts assumed by the Grantee. is in sym the total of - 0 Given under my hand and seal this �( day of , 19 My Commission Expires r /, 19 �J MO WARY H BLICI FORM 13059 REV. a (FRONT) VITIGINIA: FREDEMCK COUNT. SCT. Thl)�nalrumen 1 wrltln was (�roduc to I • OP the Q day �` 1�11.at r and with certificate of acknowledgment thereto annexed was nted to record. Tax Imposed by Sec. 98.1.002 of ti, sod 6s.1•s01 have been paid. If ass•ss•ble. ��c't' - iSd'✓' Clerk