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HomeMy WebLinkAbout05-88 Raymond R Brill - Back Creek District - BackfileIm 1 'N P H O N E M E M O M O D � E TIME AM .tea PM FROM ARCA CODE NO. �(i�-6003 of lZitV ?moo E r�/ /✓a Gr'u �i� S G /n Ao S A Q a cs kn s a/ Ain Egr S*./,/ SIGNED/i� I IONED, CALL RETURNED WANTS TO AGAIN ALL WAS IN � �. URGENT BACK CALL SEEYOU A MESSAGE FOUR: FROM �� C� O 4 4' ✓ x� ck,L) G�� DATE OF _ mod& A.M. TIME P.M. PHONE AREA CODE NUMBER EXT ❑ URGENT ❑ TELEPHONED ❑ CAME TO SEE YOU ❑ RETURNED YOUR CALL MESSAGE: ❑ PLEASE CALL ❑ WANTS TO SEE YOU El WILL CALL AGAIN AEG►DS LE -FF 2 Rc - E;9 ti mo o A ICk I I_(. Stan 0 fn I ,4/r9pUn1C %S SIGNED V', � cv� G C)od PAC- JKV06 S P-t LA,, '9 z U--O,A- C601/1L C-V(' ur SA N b O jPF,,L.A-t ,att. —Tic Ptr2M 67- h N a 461 (2_c c..,yo 30q--- 89 "'17 ; � COUNTY of FREDERICK w Department of Planning and Development 703 / 665-56561 GIN, FAX 703 / 667-0370 1738 ` August 1, 1989 Mr. Raymond E. Brill Route 1, Box 38 Star Tannery, Virginia 22654 RE: Amended Conditional Use Permit #005-88 for a Sand Mine Operation 'Dear Mr. Brill: Upon review of the last.correspondence.mailed to you, it was discovered that some errors appeared in the list of conditions for your sand mine operation. In order to correct our mistake,we are sending you this letter which accurately reflects the conditions approved by the Board of.Supervisors on May 10, 1989: Approval of Amended Conditional Use Permit Request #005-88 of Raymond E. Brill for a sand mine operation above the mean ,grade level, located on Route 603, in the Back Creek Magisterial District. This conditional --use permit. is approved with the following conditions 1 This is a five-year permit to be 'reviewed annually by the staff, the Planning Commission.. and the Board of Supervisors. 2 If the use,, occupancy or ownership of the property changes, this conditional use permit shall expire and a new,conditional use permit will be, required. 3,. The,"mining* operation shall meet all requirements of the Virginia Division of 'Mineral Mining, along with the sediment, erosion,"runoff`and spillage controls ,.needed.to allow the setback from Gravel Springs Run to be placed at 50.;feet. 'f 4 The mining operations shall meet the, landscaping and screening performance standards; supplementary regulations; height, area and bulk regulations; and site plan requirements contained in the requirements for the EM (Extractive ,Manufacturing) District. 5. 'The EM (Extractive Manufacturing) site plan shall be reviewed and approved `administratively by the staff. 6. Mining shall be limited to the 17.191 acre area described on the plat provided. 9 Court Square P.O. Box 601 Winchester, Virginia - 22601 . Page 2 Raymond R. Brill August 1, 1989 7. No mining excavation shall occur within 200 feet of the boundaries of adjoining properties not owned by the applicant or within 50 feet of Gravewl Springs Run. 8. Daylight hours of operation only. No Sunday operations. 9. Zoning Administrator may require enclosure of crusher, if adverse noise impact occurs. 10. Wash water from sand washing shall be filtered before entering surface water. 11. Only portable crushers are to be used on the site. If you have any questions regarding your conditional use permit, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/rsa cc: Esten Rudolph, Commissioner of Revenue Roy Jennings, Office of the Commissioner of Revenue George Whitacre, Clerk of the Circuit Court William Orndoff, Treasurer Inspections Department Mr. Hite, Division of Mineral Mining Mr. Lloyd D. Good Mr. Douglas Swift, Jr., Attorney May 25, 1989 Mr. Raymond E. Brill Route 1, Box 38 Star Tannery, Virginia 22654 Dear Mr. Brill: COUNTY of FREDERICK Department of Planning and Development 703/665-5650 2 ' G �819 FAX 703/ 667-0370 1 � N JON 198g W N Received, 1r� D Al N -TP i LE7T� IS This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of May 10, 1989: Approval of Amended Conditional Use Permit Request #005-88 of Raymond E. Brill for a sand mine operation above the mean grade level located on Route 603 in the Back Creek Magisterial District..... --- This conditional use permit is approved;';with the following conditions: 1. This is a five year ~permi";'to be reviewed and renewed annually by the staff, the Planning Commission, and,,the Board of Supervisors. 2. If the use, occupancy, ,or ownership' -/'of the property changes, this conditional use permit shall expire,`,.and a new.conditional use permit will be required. 3. The mining;oper-ation, along with the sediment, erosion, runoff, and spillage controls needed Co',allow the setback from Gravel Springs Run to be placed at 50 feet, shall meet�,',all requirements of the Virginia Division of Mineral Mining., 4. The mining operations shall meet the landscaping and screening performance standards,; suppleme-ntary regulations; height, area and bulk regulations; and 1. :. site plam,'=equirements contained in the requirements for the EM (Extractive Manufacturing) District. 5. The EM site plan shall be reviewed and approved administratively by the staff. 6. Mining shall be limited to the 17.191 acre area described on the plat provided. 7. No mining excavation shall occur within 200 feet of the boundaries of adjoining properties not owned by the applicant or within 50 feet of Gravel a 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 ,. �T•u Daylight hours of operation only. No Sunday operations. 10. —Wash water from sand washing shall be filtered before entering surface water. ll,. Only portable crushers are to be used on the site. If you have any questions regarding your conditional use permit, please do not hesitate to call this office. Sincerely, 1-7 Robert W. Watkins Planning Director RWW/dkg cc: Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court William Orndoff, Treasurer Inspections Department /Mr. Hite, Division of Mineral Mining V ; 0 9 APPLICATION FOR CONDITIONAL USE PERMIT IN THE COUNTY OF FREDERICK, VIRGINIA Conditional Use Permit No. Submittal Deadline is Application DateFor the Meeting of Fee Paid 1. The applicant is the owner other (check one) OWNER: OCCUPANT: (if other than owner) 2. NAME: ' NAME: ADDRESS: �L / �„ �� 3 kA ADDRESS: � TELEPHONE:H6 S_ 3 k (� TELEPHONE: 3. The property is located at (please give exact directions) 421&f �e- 603 .5 -F. s 5 S c r! All f t, s< Z d 4. The property fronts state route 60 3 and consists of / Z acres. (Please be exact) 5. The property is owned by Jal;z to op^ � �j , '/� as evidenced by deed from 11 recorded in deed book no. $vim on page 2 3 7 , registry of the County of PROPERTY IDENTIFICATION NO. (P2ea6e Z 6t 21-digit �): /9(�Vb-� !JU-Dulirrdomd - 6. This property is designated as parcel no. 7 on tax map no.--'- - (, q in the 1S4 C` C, e-lr Magisterial District. 7. The type of use proposed is S� .� il-i/ 7[ �o;1I Can /7' /f/ '--�'-Qs 8. It is proposed that the following additions/improvements to existing buildings will be ciOnstructed. a 9. It is proposed that the following buildings will be constructed: 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. (Use additional pages if necessary). These people will be notified by mail of this application. (PLEASE LIST COMPLETE 21-DIGIT NUMBER) NAMP. G t Address: do,t g� _ Property ID#: G ODv - -0o u v - m o v - -r9 f -v '`laps¢- G/sGyQfti Address: ,P� /.�my 6 S �shK_ k,' -;,-6 y Property ID#: 3.6 Address: Property ID# 4./����� fh Address: r Property ID#: ©u t Page Two Rezoning NAME 9 5. Address: Property ID#: 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: ,Property ID#: 10. Address: Property ID#: 11. Additional comments, if any I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the County of Frederick, Virginia, with the above,f acts as support of this application . . . Signature of Owner: Signature of Applicant: Complete Mailing Address: Telephone Number: For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) F7AiD,Proval Denial SECRETARY (sianed) • r, D TE � TCIi✓E 9, /97B /--��y���D f �E'�Cy 8�/LL :f /��GNEriC' i✓oRTH - o = X f O/Y )D/PE SET ' '63 %708 � 9y4M0RE� u/YLE.SSortrE�w/Sf /".�8 y �zG7oT DES/C 7�0 NwW,'64E o4K S24°24'Z6'E /o.8.. CHfJTNrtT iDLDe�[9% fS/o�7L6E to Z65 c�S34 °.55.53'6 zo.4o 3�1tiho ,�C��s au 5 cKEST,v�T r �S4 09L7'W /69.49 . \Yj T. y. Y1,AfAf,-Z YY-f laW7- � CAMERON G. COPP /.4 Cernficate Na e r 5417-3 (A) 1183 j I.A:Jl1 Af//vC -� PO fr1D/Y Of Th'(f )rf_f4 /YD B.Q/.61, {/VO i��C) 13'Q/LL /4,YO ZOC'gTfD Xff C 6 F' p /W CREEK 1YjC/<97Ef/fL O/9T.Q/CT, Fi�ElJ�'Q�CK L�DC(/YTy, ✓/C//Y/Ty sKETGY /=z000' u 55 r "IFKeilco By: C{/1'te' .0"Y O. ('OAo /ZB W. emefreZ WOOD,&roCK, ► f- ,Tol3/VD. /Z6¢ �z Z • V ! � v * I . V KIRK y L� ! ® YI • /' r I' �.. �.. K i M p A i i •q a M� b � O ti OL { 69 A. f \ / 99 j• d o k 01) ti �y �h P Pemba'oke Springs o> oo _ s ; 608 j \ . _2; 6< o, 12 ° 0 1, U � _ - R 2L'1'�� i� Ck 00 6° - " 603 - -- '11 /41 Dog _0 /-- j .�;l.eb Id � i � � m Gravel Spring Cem � uarr BM 13-00 964 � St3r Tannery I' 178 GraveIS pn j .. _ if °- 40 11 i u / '^'` � // �l1 al .,'� , �— mil v l �~`• BM 1�198 ° •� � e � • ��// I ? ) � `\ � r� // `. ! lei �' `� , ,-1 ( / 0 6 513189 AMENDED CONDITIONAL USE PERMIT # 005-88 Raymond E. Brill Sand mine operations, above mean grade level Zoned A-1 (Agricultural Limited) LOCATION: Route 603, west of Route 55 and north of Route 600 MAGISTERIAL DISTRICT: Back Creek ADJACENT LAND USE AND ZONING: Forest and agricultural land uses; zoned A-1 (Agricultural Limited PROPOSED USE AND IMPROVEMENTS: Sand mine operation. REVIEW EVALUATIONS: VA Dept. of Transportation - No objection. Health Department - No objection. Star Tannery Fire Company - No objection, if all state and erosion controls are taken into consideration. Also, all measures of the State Mining Bureau should be taken into consideration. Inspections Department - No comments. Division of Mineral Mining - A 100 foot buffer from a stream is typical for the state, but a good sedimentation and runoff plan can allow him to get as close as 25 feet. Planning and Zoning - This applicant has already been granted a conditional use permit for a sand mine on 17.191 acres. Mr. Brill would like to amend the permit to remove the condition prohibiting crushing of rock or washing of sand. Mr. Brill also wishes to make it a five year permit. STAFF RECOMMENDATIONS: Approval, with the following conditions: 1. This is a five-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 11 Page 2 Brill CUP 5/3/89 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. The mining operation, along with the sediment, erosion, runoff, and spillage controls needed to allow the setback from Gravel Springs Run to be placed at 50 feet, shall meet all requirements of the Virginia Division of Mineral Mining. 4. The mining operations shall meet the landscaping and screening performance standards; supplementary regulations; height, area and bulk regulations; and site plan requirements contained in the requirements for the EM (Extractive Manufacturing) District. 5. The EM site plan shall be reviewed and approved administratively by the staff. 6. Mining shall be limited to the 17.191 acre area described on the plat provided. 7. No mining excavation shall occur within 200 feet of the boundaries of adjoining properties not owned by the applicant or within 50 feet of Gravel Springs Run. 8. Daylight hours of operation only. No Sunday operations. PLANNING COMMISSION RECOMMENDATIONS OF 5/3/89: 1. This is a (lave -year permit to be reviewed annually by the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. The mining operation, along with the sediment, erosion, runoff, and spillage controls needed to allow the setback from Gravel Springs Run to be placed at 50 feet, shall meet all requirements of the Virginia Division of Mineral Mining. 4. The mining operations shall meet the landscaping and screening performance standards; supplementary regulations; height, area and bulk regulations; and site plan requirements contained in the requirements for the EM (Extractive Manufacturing) District. 5. The EM site plan shall be reviewed and approved administratively by the staff. 6. Mining shall be limited to the 17.191 acre area described on the plat provided. 0 Page 3 Brill CUP 5/3/89 7. No mining excavation shall occur within 200 feet of the boundaries of adjoining properties not owned by the applicant or within 50 feet of Gravel Springs Run. 8. Daylight hours of operation only. No Sunday operations. 9. Zoning Administrator may require enclosure of crusher, if adverse noise impact occurs. 10. Wash water from sand washing shall be filtered before entering surface water. 11. Only portable crushers are to be used on the site. r COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5650 FAX 703/667-0370 April 26, 1989 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Raymond E. Brill Amended Conditional Use Permit Application #005-88 For: A sand mine operation on Route 603 in the Back Creek Magisterial District. This conditional use permit application will be considered by the: Frederick County Planning Commission on May 3, 1989 at 7:30 P.M. Frederick County Board of Supervisors on May 10, 1989 at 7:15 p.m. Both meetings will be held in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify to the attached correspondence Wailed to the following on April 26, 1989 from the Department of Planning and Development, Frederick County, Virginia: Raymond E. SA LU Rt. 1, Box 38 Stan Tannery, VA. 22654 Rache e BA, ,U Box 30 Stan Tannery, VA. 22654 Et i.zabeth D. K2em e 9 Bt. a 6 . Route 3, Box 687 Stka3bung, VA. 22657 Geohge Walshi.ngton Nati.onaZ Pa&k FoxeJst Bd.inbung, Vigin.i,a 22824 Hime. b� ght, Ray R. 6 Uenorc BniU Rowe 1, Box 44 Stan Tannery, VA. 22654 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, '--D ieLkQ_ K. GoL a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated . r-21 Z !99 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this :7>4 44 day of , 1989. r My commission expires on 1—b0-y 122 �61'32 NOTARY PUBLIC COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5650 FAX 703/667-0370 April 19, 1989 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Raymond E. Brill Amended Conditional Use Permit Application #005-88 For: A sand mine operation on Route 603 in the Back Creek Magisterial District. This conditional use permit application will be considered by the: Frederick County Planning Commission on May 3, 1989 at 7:30 p.m. Frederick County Board of Supervisors on May 10, 1989 at 7:15 p.m. Both meetings will be held in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 �r 0 0 This is to certify that the attached correspondence was mailed to the following on April 19, 1989 from the Department of Planning and Development, Frederick County, Virginia: Raymond E. Btu Rt. 1, Box 38 Sta& Tanne/ty, VA. 22654 Rache e Bx.'u Box 30 Stan. TanneAy, VA. 22654 Et zabeth D. Ueese 9 Bt. ab. Route 3, Box 687 StiLasbcvrg, VA. 22657 George Walsh ngton Nat%ona.t Patk Foxat Bd.inbu&g, Vigin& 22824 Hime kigG►t, Ray R. 6 EZenok Bn,iU Route 1, Box 44 Stan. Tannery, VA. 22654 STATE OF VIRGINIA COUNTY OF FREDERICK Ro ert W. Watkins, Director Frederick County Dept —of Planning a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development,, whose name is signed to the foregoing, dated ,�(�Y;` `�% /9g� , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of A02j,; , 1989. My commission expires on 5��� fie" �3 /98q AMENDED CONDITIONAL USE PERMIT #005-88 Raymond E. Brill Sand mine operations, above mean grade level Zoned A-1 (Agricultural Limited) LOCATION: Route 603, west of Route 55 and north of Route 600 MAGISTERIAL DISTRICT: Back Creek ADJACENT LAND USE AND ZONING: Forest and agricultural land uses zoned A-1 (Agricultural Limited) PROPOSED USE AND IMPROVEMENTS: Sand mine operation - This application is to amend the conditions of the approved conditional use permit to allow mining up to 50 feet of Gravel Springs Run. REVIEW EVALUATIONS: VA Dept. of Transportation - No objection. Health Department - No objection. Star Tannery Fire Company - No objection, if all state and erosion controls are taken into consideration. Also, all measures of the State Mining Bureau should be taken into consideration. Inspections Department - No comments. Division of Mineral Mining - A 100 foot buffer from a stream is typical for the state, but a good sedimentation and runoff plan can allow him to get as close as 25 feet. Planning and Zoning - The applicant has already been granted a conditional use permit for a sand mine on 17.191 acres. Mr. Brill would like to amend his setback to Gravel Springs Run from 200 feet to 50 feet. The sand mine area is on a cliff which, with the 200 foot setback from Gravel Springs Run, forces him to travel a circuitous and very steep path to access his mine. A fifty foot setback would allow him to access the sand from a proposed bridge with little required climb. Page 2 AMENDED CONDITIONAL USE PERMIT #005-88 Raymond E. Brill A fifty foot setback would allow Mr. Brill to remove trees and other plant life from the steep slope between fifty and two hundred feet from the Run. The trees and the associated plant life community are the main protection from erosion on these slopes. Since the Division of Mineral Mining allows mining as close as 25 feet with adequate erosion protection, the proposed fifty foot setback should be acceptable if the Division of Mineral Mining approved -safeguards are implemented. STAFF RECOMMENDATIONS: Approval, with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. The mining operations, along with the sediment, erosion, runoff, and spillage controls needed to allow his setback from Gravel Springs Run to be placed at 50 feet, shall meet all requirements of the Virginia Division of Mineral Mining. 4. The mining operations shall meet the landscaping and screening performance standards; supplementary regulations; height, area and bulk regulations; and site plan requirements contained in the requirements for the EM (Extractive Manufacturing) District. 5. The EM site plan shall be reviewed and approved by the staff. 6. Mining shall be limited to the 17.191 acre area described on the plat provided. 7. No mining excavation shall occur within 200 feet of the boundaries of adjoining properties not owned by the applicant or within 50 feet of Gravel Springs Run. NOTE: Items #7 and #3 are the only conditions that are amended. (continued onto next page) 0 0 Page 3 AMENDED CONDITIONAL USE PERMIT #005-88 Raymond E. Brill PLANNING COMMISSION RECOMMENDATIONS OF 7/6/88: Unanimous approval, with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. The mining operations, along with the sediment, erosion, runoff, and spillage controls needed to allow his setback from Gravel Springs Run to be placed at 50 feet, shall meet all requirements of the Virginia Division of Mineral Mining. 4. The mining operations shall meet the landscaping and screening performance standards; supplementary regulations; height, area and bulk regulations; and site plan requirements contained in the requirements for the EM (Extractive Manufacturing) District. 5. The EM site plan shall be reviewed and approved by the staff. 6. Mining shall be limited to the 17.191 acre area described on the plat provided. 7. No mining excavation shall occur within 200 feet of the boundaries of adjoining properties not owned by the applicant or within 50 feet of Gravel Springs Run. NOTE: Items #7 and # 3 are the only conditions that are amended. J COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 June 29, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Raymond E. Brill Request to amend Conditional Use Permit #005-88 of Raymond E. Brill for sand mining above the mean existing grade level. This request is to allow mining activities closer than 100 feet to Gravel Springs Run. This property is located on Route 603 in Star Tannery, west of Route 55 and north of Route 600, in the Back Creek Magisterial District. This conditional use permit request will be considered by the Frederick County Board of Supervisors at their meeting of July 13, 1988, at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on June 29, 1988 from the Department of Planning and Development, Frederick County, Virginia: Raymond E. Brill Rt. 1, Box 38 Star Tannery, VA 22654 Rachel Brill Box 30 Star Tannery, VA 22654 Elizabeth D. Kleese and Et. Als Rt. 3, Box 687 Strasburg, VA 22657 Himelright, Ray R. & Elenor Brill Rt. 1, Box 44 Star Tannery, VA 22654 George Washington National Park Forest Edinburg, VA 2824 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, �;a�.e_ K. CcahLld'�l� , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated �i�ke`%, /�'� , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 77� day of ZTuLv�e. , 1988. My commission expires on �e���yK�,�tr �73 / 7f 7 AluiZ NOTARY PUBLIC t LJ 0 COUNTY of FREDERICK June 23, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Raymond E. Brill Departments of Planning and Building 703/665-5650 Request to amend Conditional Use Permit #005-88 of Raymond E. Brill for sand mining above the mean existing grade level. This request is to allow mining activities closer than 100 feet to Gravel Springs Run. This property is located on Route 603 in Star Tannery, west of Route 55 and north of Route 600, in the Back Creek Magisterial District. This conditional use permit request will be considered by the Frederick County Planning Commission at their meeting of July 6, 1988, at 7:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, -; � d. �- -" & � *1k Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia' - 22601 This is to certify that the attached correspondence was mailed to the following on June 23, 1988 from the Department of Planning and Development, Frederick County, Virginia: IQ,I VA E. 8 r i H R+. (, Box 32 S+'y-C(.Lx4we-rj VA 226.541 6dX S far la.V,vLer� R3 -r ro_s1� �r� VIA 2— D- 7 S �wv Tate er / VA +aX / C( i o Ltd- / ctl—v-Vesl Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK / I, r�jaK- k, Gaw6,'1 , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated a3 / 9 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of � uh�- , 1988. My commission expires on L_ X- ,, NOTARY PUBLIC • COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 April 21, 1988 Mr. Raymond E. Brill Route 1, Box 38 Star Tannery, Virginia 22654 Dear Mr. Brill: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of March 9, 1988: Approval of Conditional Use Permit Request #005-88 of Raymond E. Brill for a sand mine operation. This property is located on Route 603 in Star Tannery, west of Route 55 and north of Route 600, in the Back Creek Magisterial District. With the following conditions: 1. This is a two-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. The mining operation shall meet all requirements of the Virginia Division of Mineral Mining. 4. The mining operations shall meet the landscaping and screening' per f ormance standards; supplementary regulations; height, area and bulk regulations; and site plan requirements contained in the requirements for the EM (Extractive Manufacturing) District. 5. The EM site plan shall be,reviewed and approved administratively by_,the staff. 6. Mining shall be limited to the 17.191 acre area described.on the plat;','`.,.: provided. 7. No mining excavation shall occur within 100 feet of the boundaries of adjoining properties not owned by the applicant or within 100 feet of Gravel Springs Run. 8. There shall be no crushing of rock or washing of sand on the site. 9. Daylight hours of operation only. No Sunday operations. 9 Court Square P.O. Box 601 Winchester, Virginia 22601 0 0 •. } April 21, 1988 Page 2 If you have any questions regarding your conditional use permit, please do not hesitate to call this office. Sincerely, 11,1--k4"Ek Robert W. Watkins Planning Director RWW/dkg cc: Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court William Orndoff, Treasurer Inspections Department Mr. A. W. Hite, Dept. of Mines, Minerals & Energy •., j`yEi �i 7 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 August 3, 1988 Mr. Raymond E. Brill Route 1, Box 38 Star Tannery, Virginia 22654 Dear Mr. Brill: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of July 13, 1988: Approval of Amended Conditional Use Permit Request #005-88 of Raymond E. Brill to allow mining up to 50' of Gravel Springs Run. This conditional use permit is for a sand mine operation above the mean grade level on Route 603, west of Route 55 and north of Route 600, in the Back Creek Magisterial District. This conditional use permit is approved with the following conditions: 1. This is a two-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. The mining operation, along with the sediment, erosion, runoff, and spillage controls needed to allow the setback from Gravel Springs Run to be placed at 50 feet, shall meet all requirements of the Virginia Division of Mineral Mining. 4. The mining operations shall meet the landscaping and screening performance standards; supplementary regulations; height, area and bulk regulations; and site plan requirements contained in the requirements for the EM (Extractive Manufacturing) District. 5. The EM site plan shall be reviewed and approved administratively by the staff. 6. Mining shall be limited to the 17.191 acre area described on the plat provided. 7. No mining excavation shall occur within 200 feet of the boundaries of adjoining properties not owned by the applicant or within 50 feet of Gravel Springs Run. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 8. There shall be no crushing of rock or washing of sand on the site. 9. Daylight hours of operation only. No Sunday operations. If you have any questions regarding your conditional use permit, please do not hesitate to call this office. Sincerely, f Robert W. Watkins Planning Director RWW/dkg cc: Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court William Orndoff, Treasurer Inspections Department Mr. Hite, Division of Mineral Mining P CONDITIONAL USE PERMIT # 005-88 Raymond E. Brill Sand Mine Operation, above the mean grade level Zoned A-1 (Agricultural Limited) LOCATION: Route 603, Star Tannery, west of Route 55 and north of Route 600. MAGISTERIAL DISTRICT: Back Creek ADJACENT LAND USE AND ZONING: Forest and agricultural land zoned A-2 (Agricultural General) PROPOSED USE AND IMPROVEMENTS: Sand Mine Operation REVIEW EVALUATIONS: VA Dept. of Highways & Transportation - No objection. Health Department - No objection. Star Tannery Fire Company - Okay, if all state and erosion controls are taken into consideration. Also, all measures of the State Mining Bureau should be taken into consideration. Inspections Department - No comments. Planning and Zoning - The applicant is proposing sandmining, above the mean existing grade level, on 17.191 acres. This use is allowed with a conditional use permit. Previous discussions of mining on this land have raised concerns for environmental impacts and traffic impacts. All excavations should be properly setback from surrounding properties and from Gravel Springs Run. It is the opinion of the staff that such setbacks, together with the requirements of Division of Mineral Mining, will provide sufficient environmental protection. It is also the opinion of the staff that the County can require that mining be separated from neighboring properties and Gravel Springs Run by 200 feet without significantly affecting the area available for excavation. The intersection of Route 603 with Route 55 is not a safe location for truck traffic. Route 603 south to Route 600 would provide a better route for traffic. The extent and amount of mining should be limited to avoid traffic impacts. Page 2 . Raymond Brill CUP STAFF RECOMMENDATIONS: Approval, with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. The mining operations shall meet all requirements of the Virginia Division of Mineral Mining. 4. The mining operations shall meet the landscaping and screening performance standards; supplementary regulations; height, area and bulk regulations; and site plan requirements contained in the requirements for the EM (Extractive Manufacturing) District. 5. The EM site plan shall be reviewed and approved administratively by the staff. 6. Mining shall be limited to the 17.191 acre area described on the plat provided. 7. No mining excavation shall occur within 200 feet of the boundaries of adjoining properties not owned by the applicant or within 200 feet of Gravel Springs Run. PLANNING COMMISSION RECOMMENDATIONS OF 3/2/88: Unanimous approval with the following conditions: 1. This is a two-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. The mining operations shall meet all requirements of the Virginia Division of Mineral Mining. 4. The mining operations shall meet the landscaping and screening performance standards; supplementary regulations; height, area and bulk regulations; and site plan requirements contained in the requirements for the EM (Extractive Manufacturing) District. 5. The EM site plan shall be reviewed and approved administratively by the staff. 6. Mining shall be limited to the 17.191 acre area described on the plat provided. i 7. No mining excavation shall occur within 100 feet of the boundaries of adjoining properties not owned by the applicant or within 100 feet of Gravel Springs Run. 8. There shall be no crushing of rock or washing of sand on the site. 9. Daylight hours of operation only. No Sunday operations. 0 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 February 24, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Raymond E. Brill Conditional Use Permit For: A Sand Mine Operation to be located on Route 603, Star Tannery, west of Route 55 and north of Route 600 in the Back Creek District. This conditional use permit request will be considered by the Frederick County Board of Supervisors at their meeting of March 9, 1988, at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that�ie attached correspondence was led to the following on February 24, 1988 from the Department of Planning and Development, Frederick County, Virginia: Raymond E. BkiU Rt. 1, Box 38 StalL Tannery, VA. 22654 Rach.et Bk i U Sox 30 StwL Tannehy, VA. 22654 Hi.zabeth. D. Ktees e 8 Et. atz . Route 3, Box 687 St alsbutAg, VA. 22657 Geotkg e W hington Nati.ona2 Pa/Lk Fme st EdinbuAg, Vi&ginia 22824 H,imet ight, Ray R. 6 Henon B&iU Rowe 1, Box 44 Sta& Tannehy, VA. 22654 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, RmLej, (9AAN." , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for,the Department of Planning and Development, whose name is signed to the foregoing, dated �Lfi� U T>y 0� has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand thisoy"- day of� 1988. My commission expires on &I-WL-) &AL 7 NOTARY PUBLIC • COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 February 17, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Raymond E. Brill Conditional Use Permit For: A Sand Mine Operation to be located on Route 603, Star Tannery, west of Route.55 and north of Route 600 in the Back Creek District. This conditional use permit request will be considered by the Frederick County Planning Commission at their meeting of March 2, 1988, at 7:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 '^ This is to certify that�e attached correspondence was led to the following on February 17, 1988 from the Department of Planning and Development, Frederick County, Virginia: R o-1 Vyto Ka E . &--M R-,. � Zox 3 vA ZN !� � !8o x -3o S+tip \/A -D• 'Irlrese � Bo-k �o '� -7 UA e orJe �,Llas�'w�{�� j�a (�otiQl Park' ! ayes f- NA �28a�1 iw El hi yll�� �d( �, C�ekar &'M R bert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, :PiQGrp— L Gga ,Iwll , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated ��?�,yuuy,� /71, has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day ofG�jy�ta� , 1988. My commission expires on �, E,, /{ . ' S," ,/,V NOTARY PUBLIC 0 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M TO: Frederick County Planning Commission FROM: Robert W. Watkins, Director SUBJECT: Discussion with Raymond Brill DATE: June 9, 1988 Mr. Raymond Brill would like to discuss amending one of the conditions placed on Conditional Use Permit #005-88. The condition was as follows: 7) No mining excavation shall occur within 100 feet of the boundaries of adjoining properties not owned by the applicant or within 100 feet of Gravel Springs Run. Mr. Brill would like to mine closer than 100 feet to the stream, but is willing to undertake other measures to insure that materials are not washed into the stream. The staff feels the condition could be modified in fashion that will meet the original intent. A public hearing will have to be held to officially change the conditional use permit. If you have any questions, please do not hesitate to call me. RWW/rsa 9 Court Square - P.O. Box" 601 - Winchester, Virginia - 22601 . APPL0ATION FOR CONDITIONAL USE16TERMIT IN THE COUNTY OF FREDERICK, VIRGINIA Conditional Use Permit No. ��- Application Date's/�'_�y Fee Paid Submittal Deadline is For the Meeting of 1. The applicant is the owner other 2. OWNER: OCCUPANT: NAME: 1W,, �� �,� / NAME: ADDRESS : 3 F' ADDRESS VA TELEPHONE: gib S- 3 5r & TELEPHONE: (check one) (if other than owner) 3. The property is located at (please give exact directions) i1 f; &-_`f �ez- 6 O 3 -5 for ✓ / � .e �/ a s f 5 S c /-/ L4 , �ti ' .0 � / L / !9 '7 4. The property fronts state route 6 O 3 and consists of /T.Z acres. (Please be exact) 5. The property is owned by , -1 1.?- of zr' // as evidenced by deed from recorded in deed book no. $y on page J 3 7 registry of the County of PROPERTY IDENTIFICATION NO. (Ptea/se Uzt 21-digest 6. This property is designated as parcel no. 7 on tax map _ q in the lacy ( Magisterial District. 7. The type of use proposed is -5�- -L � �%,,4 0 ���UH Cc94 /% /9/ as ce-s�) 8. It is proposed that the following additions/improvements to existing buildings will be constructed. ./f/a� a c"L 4"'e-Sg,� � 9. It is proposed that the following buildings will be constructed: 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. (Use additional pages if necessary). These people will be notified by mail of this application. (PLEASE LIST COMPLETE 21-DIGIT NUMBER) NAME 1 .J , %// �J a t �z-� Address: -S'` n rr X - Property ID#: G ooCO - a 0 - cq o v v - ® a cs - U,-g -v 2. Q, -'F- f7¢c/s Address: 'Pt- /Y'k Property ID# : G 37aeo- vv -- c9 w -dddv -6,96,v-cv 3-6a_c�" t/asy,.f�� Aa''r Address: 6y 6—roperty <, 2-2 `f ID# 4./� �a y k �G Address: Property ID#: c9a -A a-"' Page Two Rezoning NAME 5. Address: Property ID#: 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 11. Additional comments, if any I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the County of Frederick, Virginia, with the above facts as support of this application . . . Signature of Owner: Signature of Applicant: Complete Mailing Address: Telephone Number: For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) ��J�-CJ IDApproval Denial COUNTY ADMIN. (signed) i ,D.�rf �T(li✓� 9,,978 -Z;fo/Y P/PE SET �'63 °/708 9yC�/�joRE�, S4 /9 "E c.<NLEs.S orHeltrr cXlT`D lv-u-e4,o4'E �` �ro{K Sz4�z4"Z6'E 30" o"ZOCU57 z 9.50 534 0,55- E •2� o-fK � �� � ° , c \� �ID LA 0 Zc*tS'TAUT r ^rs4°o9z7'W QfK /69.49 o0 o� C� N Ur` 2 �o J y ,yiti,�,tl�LW�ic�rr _ CAMERON G. COPP V.4 \ Certificate No. :r 5411.3 (A) U88 F- t �/J tANf) � V � ro rY.�RpS'►'/GGE E� yV. ✓j- i r ✓IcI,ff/Ty s,tET-cff /-7")DD" / / ///" -4�5 1 \ TD ea pp /ae ,:ro&.Ivo. /,?84