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HomeMy WebLinkAbout03-06 CommentsCOUNTY of FREDERICK j John R. Riley, Jr. County Administrator 540/66.5 -5666 Fax 540/667 -0370 E -mail: jriley @co.frederick.va.us May 5, 2008 Thomas Moore Lawson Lawson and Silek, P.L.C. P.O. Box 2740 Winchester, VA 22604 Re: O -N Minerals (Chemstone) Company REZ #03 -06 Dear Ty: In response to your May 1, 2008 letter, please be advised that the above referenced rezoning is scheduled for the Board of Supervisors' May 28, 2008 meeting. As the Board conducted its public hearing at its April 23, 2008 meeting, please note this item is scheduled for Board action only; therefore, no additional public comments will be taken regarding this matter. Should you have any questions, please do not hesitate to contact me. � V RViI ( ohn J� County Administrator JRR/j et cc: Boar�per _ - SDep� Planning.k0ey_elopment` 107 North Kent Street • Winchester. Virginia 22601 -5000 United States Department of the Interior NATIONAL PARK SERVICE Cedar Creek & Belle Grove National Historical Park 7718 'h Main Street P.O. Box 700 Middletown, VA 22645 W REPLY R UTO: May 22, 2008 Gary Lofton 711 Buffalo Marsh Road Middletown, VA 22645 Dear Gary, Thank you for stopping by the office following the April 23, 2008 public meeting on the Chemstone rezoning application. I want to reiterate the National Park Service's offer to provide seed money for facilitated discussions regarding the proposed application among the local community, Chemstone and local preservation organizations. In addition, Belle Grove, Inc. and the National Trust for Historic Preservation, Civil War Preservation Trust, National Parks and Conservation Association, Preserve Frederick and the Shenandoah Valley Battlefields Foundation have all expressed an interest in providing financial support and to date we have approximately $6000.00 in commitments. A discussion, of course would not be productive unless Chemstone is an active participant. We find ourselves in our current situation precisely because the proposal was fashioned without meaningful input from the community. Given how difficult this entire issue has been I am hopeful that you will serve as an intermediary in encouraging Chemstone to participate. Although this would not be a sufficient amount of money to get us completely through the discussions with Chemstone — it is sufficierifto make a good faith effort to work towards a mutually acceptable resolution. We recommend hiring an outside facilitator or perhaps purchasing facilitation services from the Frederick County Planning Department. In any event, this will not be successful unless the facilitator is perceived by everyone to be an honest broker and a resolution is reached with the active participation of all parties involved. We continue to have concerns about truck traffic, ground water, air quality, noise and vibration effects and the impacts on the battlefield and its associated viewshed; we are hopeful that the Board of Supervisors will again table the application. I am convinced that an acceptable solution can be reached that will allow Chemstone to expand their operations but also provide the visual and environmental protections requested by the local community. Beyond the environmental and visual impacts inherent in the current proposal, I am also concerned about how divisive this entire proposal has been for the local community — and again through facilitated discussions we may be able to address that as well. I look forward to hearing from you Thank you Diann Jacox Superintendent cc: John Riley, Frederick County Administrator Eric Lawrence, Frederick County Department of Planrting and Development /4 n04 EVERETTE L. KLINE, 1R. Re Forester COMMONWEALTH ®f VIRGINIA DEPARTMENT OF FORESTRY 470 George Dean Drive Charlottesville, Virginia 22903 2400 Valley Avenue, Suite 17 (434) 977 -5193 Winchester, VA 22601 FAX (434) 296 -3290 540/722 -3496 FAX: 540/722 -7543 E -mail: gerald.crowellt @ idof.virginia.gov Mr. Spencer Stinson, General Manager O -N Minerals 1696 Oranda RD PO Box 71 Strasburg, VA 22657 May 20, 2008 Dear Spencer; Enclosed is the report on the rehabilitation of the proposed berms to be constructed to reduce visual impact of the quarry operations at the Middletown Virginia quarry. Such recommendations need to remain flexible. They could change in the future as practices are installed that do not give the desired results, and as new ideas are developed. Please feel free to contact me if you have further questions or whenever we can be of assistance. Sincerely, Gerald R. Crowell Area Forester Enclosures I I Mission: "We Protect and Develop Healthy, Sustainable Forest Resources for Virginia ns." 0 E BERM CONSTRUCTION AND VEGETATIVE SCREENING PLAN FOR O -N MINERALS, FREDERICK COUNTY VIRGINIA MAY 20, 2008 MAILING ADDRESS: c/o Spencer Stinson, General Manager, Chemstone Corporation, 16% Oranda RD, Strasburg, VA 22657 LOCATION: Limestone quarries one mile northeast of Middletown at the end of McCune Road. EXAMINED BY: Gerald R. Crowell, Area Forester, accompanied by Mr. Stinson on May 12, 2008 GENERAL: This report covers the examination of existing and proposed berms constructed for visually screening the operations of this limestone quarry. The landowner is interested in vegetation plantings on these berms for the purposes of stabilization and to enhance their use as visual screening. 1 0 E DESCRIPTION OF BERMS: These are engineered berms of an approximately 2:1 slope, 10 - 30 feet tall, and generally with a 10 foot wide top, or ridge. Both existing and proposed berms are/will be constructed of materiel removed from the surrounding land as part of the clearing process for quarrying of the underlying limestone. Such material consists of limestone rock of various sizes, clay subsoil, and topsoil. MANAGEMENT RECOMMENDATIONS EXISTING BERMS: Where existing berms do not have adequate ground cover to prevent them from eroding, they should be planted with various native grasses, shrubs, and trees. A successful mixture of buckwheat, rye and other grasses has been developed by quarry employees that has proven to be effective in vegetating these slopes. In spots where prior vegetating efforts have failed, it is recommended that erosion control methods such as landscape fabric and jute mats be installed prior to revegetating these spots. It may also be necessary to reshape the berm in these spots to retard water movement down the slope and to hold wafter for vegetation survival and growth by constructing planting terraces with existing rock and soil. NEW BERM CONSTRUCTION: Consideration should be taken with any new berm construction to help them blend into the viewscape by building them as undulating structures across the landscape instead of in straight lines. Height should also be varied along the length to break up the top edge with the skyline. The outward slopes facing away from the quarries should be constructed with terraces along the face to both break up the visual sharpness of the face and to hold soil and water for shrub and tree planting on these steep slopes. SUGGESTED BERM CONSTRUCTION - RIDGELNIE VARIOUS HEIGHTS ALONG BERM TO CREATEA NATURAL HILL APPERANCE 2 E u SUGGESTED BERM CONSTRUCTION - AERIAL VIEW SHOWING UNDULATING NATURE ALONG LENGTH INSTEAD OF A STRAIGHT LINE. 2 -4 FEET WIDE -ma FILLED WITH TOPSOIL BERM PROFILE - SHOWING PLANTING TERRACES ON OUTFACING SLOPE WITH TOPSOIL ADDED FOR TREE PLANTING 3 0 SKYLINE 7 / BERM OUTWARD FACE SHOWING PLANTING TERRACES CONSTRUCTED RANDOMLY TO VISUALLY BREAK UP THE BERM FACE. RECOMMENDED TREE AND SHRUB SPECIES: Native species should be chosen to provide optimum survival, the least maintenance, and to further blend into the existing landscape. A list of suggested trees and shrubs for landscape plantings in the Shenandoah Valley is included. Actual species chosen need to be selected for the specific location they are to be planted, and their availability. Not all of these are available for purchase through nurseries. In general, these species should be intermixed to provide more of a camouflage effect along the face and ridgeline of the berms. Coniferous species should be planted where year -round screening is desired. Coniferous species, with their ability to survive better on hot dry slopes, should also be chosen for screening on south and west facing slopes. PLANTING RECOMMENDATIONS: Where possible, the topsoil removed in the initial stages of new quarry construction should be spread to the depth of 6 -12 inches over all level surfaces that will be planted. For instance, the tops of the berms. The recommended planting terraces along the face of the berms should also be filled with topsoil prior to planting with trees and shrubs. Bare rooted plants are recommended because of their low cost, ease of planting, and good survivability. They should be planted in March or April of each year. n INVASIVE SPECIES: Numerous invasive species now threaten native plants in eastern forests. If allowed to grow and spread unimpeded, they will crowd out native trees and have a negative impact on wildlife populations that depend on the native trees and shrubs for their food. Ailanthus (tree of heaven, paradise tree), paulownia, autumn olive and multiflora rose are the most common non -native invasive shrubs and trees in this locality. Ailanthus Has a distinct rancid odor in the leaves, twigs, and bark. Autumn Olive Aluminum sheen to the Underside of the leaves. Large crop of red berries each fall. Paulownia Large leaves 8" -14" in diameter. Multiflora Rose Multiple stems from each plant. Numerous, short curved thorns. 5 0 0 RECOMMENDATIONS: Once every 2 - 3 years, inspect all berms and associated land for invasive species. Where found, individual plants of these species should be either dug or pulled out of the ground, or deadened with herbicide applications to prevent the spread of their seed to these spots. One such herbicide recommended is RoundUp S. Cutting the tree down and painting concentrated RoundUp® herbicide on the stump within 2 -3 minutes of cutting is very effective with invasive trees and requires a very little amount of herbicide. Very large trees can be girdled with a chainsaw or a hatchet, and a mixture of RoundUp® and water can be applied to the girdle to deaden the tree. This will also have the benefit of creating wildlife snags until the trees rot down A foliar spray of RoundUp® can effectively control individual small stems and clumps of small stems. Instructions for timing of herbicide applications and mixing for the various methods of application will be found on the herbicide label. These instructions should be followed precisely to obtain the desired results and to protect the environment. Gerald R. Crowell, Area Forester 11 0 0 DTI`. F TaEE , 4,t! ;fi €i�;E�TF�i F�0 'i>ti r "IP'ti, M THE NORTHER H E N ^,! D !7 ,. H VALLEY f_ I_ F Y O F V r I J No particular order of preference Gerald P, Crowell, Va. Dept of Forestry 2/2008 Not all of these will grow on every site. First, decide why you want a tree; shade, screening, to enhance the landscape, fall coloration, flowering, wildlife food, etc. Second, choose the final mature height you want the tree to reach. Then, research each species as to the desirability of planting in a particular location with regard to purpose, soil type, and available sunlight. IlDECI DIOUS LITTLE `TUNS (TO 20 FEET) Alder, Hazel Alnus serrulata Hawthorn Crataegus sps. Serviceberry Amelanchier sps. Viburnum Viburnum sps Buckthorn, European Rhamnus cathartica Fringetree Chionanthus virginicus Elderberry Sambucus canandensis Burningbush Euonymus atropurpureus Redbud, Eastern Cercis canadensis MEflDI 6 gTM 9 S (20 - 40 (FEET) Hornbeam, American Carpinus caroliniana Hophornbeam, Eastern Ostrya virginiana Chinkapin Castanea pumda Pawpaw Asimina triloba Sassafras Sassafras albidum Persimmon Diospyros virginiana BIG `UNS (40 - 80+ FEET) Willow, black Salix nigra Hickory Carya sps. Birch, yellow Betula alleghaniensis llDECIMOUS BIG `UNS (continued) Birch, black, sweet Betula lenta Birch, River Betula nigra Oak Quercus sps. Except for Q. falcata, Q. nigra, Q. phellos, Q. virginiana Hackberry Celtus occidentalis Poplar, yellow, tulip Liriodendron tulipifera Sycamore Platanus occidentalis Maple, sugar Acer saccharum Maple, red Acer rubrum Basswood Tdia Americana Blackgum Nyssa sylvatica EVERGREEN LITTLE `UNS (to 20 feet) Rhododendron Rhododendron maximum Mountain Laurel Kabnia latifolia ME11DI 6 UM 9 S (20 -40 (FEET) NONE BIG `UNS (40 — 80+ FEET) Pine, Pitch Pinus rigida Pine, shortleaf Pinus echinata Pine Table Mountain Pinus pungens Baldcypress Taxodium distichum Arborvitae, Northern whitecedar Thuja occidentalis Eastern red cedar Juniperus virginiana Norway spruce Picea abies Leyland Cypress Cupressocyparis leylandii NOT RECOMMENDED FOR LANDSCAPE TREES Ash (Fraxinus sps), due to Emerald Ash Borer White pine (Pinus strobus); be careful, it is off -site on many shale soils and limestone clay soils in the Valley Elm (Ulmus sps), due to elm yellows and Dutch Elm Disease 0 E t\ COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 MEMORANDUM TO: Board of Supervisors FROM: Michael T. Ruddy, AICP f Deputy Director RE: O -N Minerals (Chemstone) RZ #03 -06 Proffer Statement Revision Received April 18, 2008 DATE: April 18, 2008 Please find attached for your information a revised copy of the Proffer Statement for the O -N Minerals (Chemstone) Rezoning Application. This latest version of the Proffer Statement that was submitted by the Applicant arrived today, April 18, 2008. The Board's Agenda was compiled earlier in the week and distributed earlier today. Although this submission was not done in a timely fashion, we thought it important to provide you with this information; even though it is currently incomplete as it has not been signed and notarized by the Applicant, and does not contain a valid revision date. Staff has been in contact with Mr. Bob Mitchell who, along with staff, will provide an additional review of this information prior to your 04/23/08 meeting. It is extremely important to recognize that this latest Proffer Statement was not in your agenda, has not been reviewed by Staff, has not been reviewed by the County's Attorney, and has not been made available to the general public for their review prior to the Public Hearing at this time. The Staff report in your agenda is based upon the Proffer Statement that is in your agenda, not this latest submission. As noted previously, the revised proffer statement has not been executed, signed, and notarized by the Applicant at this time. Further, it does not contain a valid revision date. The Applicant has also provided a marked up version of the Proffer Statement which depicts the changes made to the Proffer Statement since the Planning Commission's recommendation of denial. Please note that this mark up does not identify which changes have been made to the Statement since the March 18. 2008 version. Please contact me if you have any questions. MTR/bad 1 Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 0 LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 PosT OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665 -0050 FACSIMILE: (540) 7224051 April 18, 2008 Michael T. Ruddy, Deputy Director Planning and Development County of Frederick 107 North Kent Street, 2 Hd Floor Winchester, VA 22601 0 TnOMAS MOORE EA W SON - 'I L %WSO](a LSPLC.COM Re: O -N Minerals (Chemstone) Company Our File No. 462.006 REZ #03 -06 VIA 14AND- DELIVERY Dear Mike: As requested enclosed please find forty (40) clean revised proffer statements and forty (40) red -line proffer statements which reflect all of the changes to the proffers in the current revised state that have been made subsequent to the proffer statement which was presented to the Planning Commission. Please note that in paragraph 2 we have attached and incorporated the drawings which had previously been submitted and representations of the Generalized Development Plan. I believe you have already received approximately forty (40) copies of those in color for distribution to the Board Members. With all of this I believe you should have a complete package of all documentation. If after you have reviewed this you believe otherwise please contact me immediately so that we may provide you with all other information you believe is required. Thank you for your continued assistance and cooperation. IP you have any questions, please do not hesitate to give me a call. TM L:l k Enclosure cc: O -N Minerals (Chemstone) Company F.11F ROYAL ARDRI:FS: POYf UfPICE FoX 602, FRO \'T R(Il'AI.. V..,.,, A 22640 1 Y.I.I:P,R)1 L: (540) 635 -9415. FACSIMILE: (540) 615- 9421. E- M. \II.: SII FKl4 UY X(ONRECT,CONI F.V IIP1% A.R.,,,,,: 10805 MAIN $TRI:1':1 , SMITE 200, F'AIRFAX, V IRCIN'IA 22010, TF,LIPIIOAE: (703) 352- '1615, FACSL111LE: (703) 3524190, E -MAIL: THOM1)o.Lw SON VERIZON..NET NATIONAL United States Department o e Interior MW SERVICE NATIONAL PARK SERVICE Cedar Creek and Belle Grove National Historical Park 7718 Ys Main St., P.O. Box 700 Middletown, Virginia 22645 In Reply Refer To: April 17, 2008 John R. Riley Jr. County Administrator Frederick County 107 North Kent St. Winchester, VA 22601 Dear Mr. Riley: APB 17 2008 We are writing to transmit our comments regarding the Carmeuse Lime and Stone, Chemstone Operation ( "Chemstone ") rezoning request. The Chemstone property is adjacent to Cedar Creek and Belle Grove National Historical Park and is within the core area of the Cedar Creek Battlefield. Our letter responds to the revised proffer statement submitted by Chemstone, dated March 18, 2008, and supplements the letter we previously submitted in March 2006 on the rezoning request. We have asked the National Park Service's Geologic Resources Division to review and comment on the revised proffer statement and other information provided to us by Chemstone officials at their April 2, 2008 community meeting in Middletown. The Geologic Resources Division, based in Lakewood, Colorado, provides national leadership and specialized assistance for managing geologic resources and protecting national park units from the adverse effects of mining and mineral development. Additionally, we have requested assistance from the National Park Service's American Battlefield Protection Program in reviewing the rezoning request and revised proffer statement. The American Battlefield Protection Program promotes the preservation of historic battlefields, both inside and outside of national park units, and since 1990 has provided $648,000 in grant money to purchase and protect 426 acres of land and other historic resources of the Cedar Creek Battlefield. Both the Geologic Resources Division and the American Battlefield protection program have expressed concerns about possible impacts to Cedar Creek and Belle Grove National Historical Park, to the Cedar Creek Battlefield, to Belle Grove Plantation, and to the town of Middletown. We ask that you consider the attached memoranda and enter these comments into the official record for the Chemstone project. TAKE PRID6% -f IN AMERICA=;;!1M< Please feel free to call me with any questions or concerns about the attached information. I may be reached in my office at (540) 868 -9176. Sincerely, 0 Diann Jacox Superintendent cc: Attachments 1. Memorandum from Geologic Resources Division, National Park Service 2. Memorandum from American Battlefield Protection Program, National Park Service Eric Lawrence, Director, Frederick County Department of Planning and Development Kris Tierney, Assistant County Administrator, Frederick County, Virginia NA ERICAA ! • United States Department of the Interior NATIONAL PARK SERVICE Geologic Resources Division P.O. Box 25287 Denver, CO 80225 TRANSMITTED VIA ELECTRONIC MAIL - NO HARDCOPY TO FOLLOW L2360 April 17, 2008 Memorandum To: Diann Jacox Superintendent, Cedar Creek and Belle Grove National Historical Park From: /s/ Carol McCoy Chief, Planning, Evaluation & Permits Branch Geologic Resources Division National Park Service Subject: Carmeuse Lime and Stone Middletown Quarry Rezoning Request The Geologic Resources Division has reviewed the informational materials and revised proffer statements provided by Carmeuse Lime and Stone as part of their rezoning request for the Middletown Quarry and offers the following comments for your consideration. General Comments While the operational aspects of the quarry remain essentially unchanged, the proffers offered by Carmeuse Lime and Stone, the new owners of the Middletown Quarry, have been expanded and are more clearly communicated than those offered by the previous owner on August 28, 2006. Proffers are essentially promises made by the quarry owner /operator addressing specific operational parameters and mitigation measures which are made, in this case, to reduce the impact of ongoing and the proposed expanded quarry operations on the surrounding environment. Overall, we remain concerned that a large scale mining operation located directly adjacent to a nationally significant Civil War landscape and antebellum plantation, poses challenges to maintaining the area's historical setting and significance. As you know, Congress designated Cedar Creek and Belle Grove National Historical Park as a unit of the National Park System on December 19, 2002 (see 16 U.S.C. §410 iii et seq.). Among other things, the Act established the park in order to "help preserve, protect and interpret a nationally significant Civil Wai landscape TAKE PRIOE -. -� INAMERIGA and antebellum plantation for the education, inspiration, and benefit of present and future generations" [16 U.S.C. §410 iii (1)]. Further, the Act highlights that "[t]he panoramic views of the mountains, natural areas, and waterways provide visitors with an inspiring setting of great natural beauty" [16 U.S.C. § 410 iii- 1(6)]. While the Middletown Quarry is not located in park boundaries, it is important to note that the Act states that "[t]he Secretary and the Commission shall encourage conservation of the historic and natural resources within and in proximity of the Park by land owners, local governments, organizations, and businesses." Given this explicit statutory language and direction contained in NPS Management Policies, we applaud the collaborative approach the park has taken in working closely with local permitting entities as well as Cedar Creek and Belle Grove partners to minimize possible adverse impacts to the park from existing and future mining operations. One of the.predominant concerns that surfaces regarding the proposed rezoning of the Middletown property is why Carmeuse Lime and Stone continues to pursue the rezoning of 691 acres when the company insists that only 12% of that acreage will actually be mined. Carmeuse's Proffer Statement contends that rezoning the entire 691 acres from "Rural Areas" to "Extractive Manufacturing" will allow the company to use the remaining, unmined, 88% of the property as ". . . a buffer to protect neighbors from noise and vibration." We do not understand how rezoning the property to "Extractive Manufacturing" will allow any additional protections to adjacent properties that the existing "Rural Areas' designation would not. If Frederick County were to rezone portions of the Carmeuse property, then we recommend that the rezoning be limited to the acreage proposed specifically for mining and that the changes below be incorporated in the permit documents for the mine expansion. Specific Comments Proffer 42, Site Development, 2.3 — This section discusses a maximum berm height of 30 feet and landscaping the berms with a mix of deciduous and coniferous plantings. We suggest the berm height be varied, when possible, to best conform to the surrounding landscape. Proffer 0, Historic Resources, 3.1 — The last sentence of this section states that "[s]aid [8 acre] reserve land shall be dedicated to a recognized historical association ...." The proffer should more clearly state whether the property will be deeded to a recognized historical association if that is the intent. Proffer #3, Historic Resources, 3.3 — When discussing the "second cemetery" located on the quarry property, this section states that "[t]he Applicant proffers to open said right- of-way so that it can be used for access by the relatives of those in the cemetery." If Carmeuse plans to block Access to this historic cemetery to all but relatives of those in the cemetery, the proffer should state how access will be controlled and safe passage through the industrial operation by cemetery visitors will be assured. Proffer #5, Groundwater — Proffers in this entire section are inadequate to secure the protection, or remediation if necessary, of groundwater impacts associated with quarry operations. Section 5.1 states that Carmeuse will install a minimum of three monitoring wells . . TAKE PRIDE ° � � NAMER1CA; 1 � a 0 . within 500ft of the property's boundaries Yet, the Rezoning Application Materials previously submitted by Chemstone in 2005 revealed that up to a 1 Oft aquifer drawdown could occur up to 9600ft horizontally from the project boundary. Further, Section 5.2 promises the applicant ".. . shall remediate any adverse impacts to wells on surrounding properties caused by mining operations on the Properties." Section 5.2 fails to indicate at what distance Carmeuse will consider remediating groundwater- related problems. Proffer 45 also fails to address possible ground water influences on the surface waters of Cedar Creek. Groundwater drawdown associated with mining activities may potentially affect the quality and quantity of surface water available for Cedar Creek. The proffers should address mitigation of possible impacts to this water resource. Proffer #8, Traffic, 8.1 — Information provided by Carmeuse Lime and Stone states that the previous study projecting "1300 trucks per day" accessing the Middletown Quarry was in error. The company now proffers no more than 200 trucks per day passing through the quarry scale house. First, this proffer fails to make clear if the mine plan contemplates 200 loaded trucks per day leaving the site (400 trips through Middletown) or 200 round trips Second, informational materials provided by Carmeuse state that ". . . the quarry operation is not getting bigger. The quarry operation will continue to follow the same limestone vein it has been following for 50 years with ... the same number of trucks and rail cars." Considering that Carmeuse is informing the public that the mining rate will not increase, we fail to understand why the company is proffering a 400% increase in truck traffic as the quarry expands. If mining rates are not increasing, the company should proffer a continued 50 trucks per day through the facility. The Geologic Resources Division appreciates the opportunity to provide these comments. If you have any questions or if we can be of any further assistance, please contact Kerry Moss, External Minerals and Energy Development Coordinator, at 303 - 969 -2634. TAKE PRIDE INAMERICA 0 0 United States Department of the Interior NATIONAL PARK SERVICE 1849 C Street, N.W. Washington, D,C- 20240 wv Lv"M ra MEMORANDUM TO: Diann Jacox, Superintendent, Cedar Creek and Belle Grove National Hist al Park FROM: Paul Hawke, Chief, American Battlefield Protection Program / )/G� SUBJECT: Proposed Rezoning of Battlefield Parcels DATE: 16 April 2008 The American Battlefield Protection Program is quite concerned about the proposed rezoning of 691 acres of the Cedar Creek battlefield. I understand that O -N Minerals would like to rezone this agricultural land for the purposes limestone extraction. Such a drastic change in land use will destroy significant portions of the Cedar Creek battlefield landscape. Expanded mining will also intensify the existing adverse effects of quarry operations on the setting and viewshed of the protected, intact portions of the battlefield. The National Park Service, its partners, and the community recognize, of course, that Cedar Creek is one of the most important Civil War battlefields in Virginia and in the nation. I would like to address how the parcels under consideration contribute to that larger and pivotal history. , The land proposed for rezoning is critical to understanding the way in which the Union and Confederate armies used the landscape for military benefit during the conflict. The heights of Red Hill above Cedar Creek on the southern parcel under consideration, andl the stream valley of Middle Marsh Brook, which runs through the northern parcels under consideration were especially important terrain features in this battle. i Red Hill was the location of the fortified encampment of the Union VI Corps, and understandably so. Here is high ground protected by Cedar Creek itself to the west, a formidable obstacle to an attacking opponent. Well elevated, Red Hill provided not only a good defensive position, but also a good location for observation of adjacent fields. During the morning of 19 October 1864, as Confederate forces swept northwest across the Valley Pike, portions of the surprised Union XIX Corps retreated to the relative safety of their comrades' position on Red Hill. Archeological investigations will likely reveal the extent of the fighting that occurred on the heights and along the creek to the west of the hill. 0 0 As the Confederate army pressed its attack and Red Hill became untenable, the Union troops retreated to the northeast, using the Middle Marsh Brook stream valley as a significant avenue of withdrawal. The terrain associated with the stream valley is and was wide and flat, making it an easily traversable, a key attribute when speed would have been needed. The Confederates pursued along the same terrain. This area is also the location of Brig. Gen. Wesley Merritt's cavalry encampment of October 18 -19, near the local landmark of Nieswander's Fort. Historic maps and accounts are clear about the role this same land played in the last and perhaps most dramatic stage of the battle. The left wing of the reformed Confederate infantry line -- mainly Maj. Gen. John Gordon's division- -was positioned across the stream valley, bisecting it. Brig. Gen. George Custer's cavalry attacked from the north, focusing on the western end of the Confederate line. Stretched across the stream valley and unable to maintain cohesion at its flank, the Confederate left wing broke. These decisive actions took place on the northern section of land being considered for rezoning.' The disintegration of the Gordon's division on the left caused the Confederate center to collapse, unable to hold its position under attack from its left and its front. The entire Confederate army retreated as Sheridan's troops "pushed with vigor." In dramatic fashion, Sheridan's Union army found itself victorious at the end of the day. Given the importance of the landscape and key terrain within the proposed quarry expansion, most of which retains a high degree of integrity from the Civil War period, the American Battlefield Protection Program can only recommend against the rezoning of these critical parcels. Lowe, David W. Study of Civil War Sites in the Shenandoah Valley of Virginia. Washington, DC: US Department of the Interior, 1992(109 -113). ECS Mid - Atlantic LLC. "Archaeological Delineation and Restoration Plan for the Historic Tablet and Nisewander Family Cemeteries, Frederick County, Virginia." Fredericksburg, VA, March 2008 (13, 41, 45). Sheridan to Grant, Official Records af'the War afthe Rebellion, Series 1, Vol. 43 (Pan 1), 33. Whitehome, Joseph W.A. The Battle of Cedar Creek. Self-guided Tour. Washington, DC: Center of Military History, United States Army, 1992). • s Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. /� 117 East Piccadilly Street P�1-� + / \ Winchester, Virginia 22601 1 ���LL / T 540.667.2139 F 540.665.0493 Memorandum To: Organization /Company: From: Date: Project Name /Subject: — Mike Ruddv Frederick Countv planning and Development Patrick Sowcrs April 17, 2008 Chemstone Rezoninv Exhibits Please find attached 30 copies of the phasing /Viewshed renderings for the Chemstone rezoning application. If you have any questions or need additional copies, please feel free to call. Thank you. PRS F J I A 7 2008 t _ 0 LAWSON AND SILEK, P.L.C. 120 ESEI'ER DRIVE, SUITE 200 POST OFFICE Box 2740 WINCHE'S'TER. %It 22604 TELEPHONE: (540) 665 -0050 EACsIAu LE: (540) 7221051 Michael T. Ruddy, Deputy Director Planning and Development County of Frederick 107 North Kent Street. 2 nd Floor Winchester- VA 22601 VIA HAND- DELIVERY Dear Mike: March 20. 2008 40 'I IIOp1AS NOORE LAWSO N. TLA\VS0N'r1L5PLC.COT1 Re: O -N Minerals (Chemstone) Company Our File No. 462.006 REZ. #03 -06 Per your request enclosed please find an executed copy of the updated proffers in the above matter. Thank you for your continued assistance and cooperation. If you have any questions, please do not hesitate to give me a call. Very truly yours, TMI -jk Enclosure cc: Carmeuse Lime Thomas Moore Lawson O -N Minerals (Chemstone) Company Richard C. Shickle. Chairman Board of Supervisors John Riley, County Administrator Gary A. Lofton, Supervisor Gary W. Dove, Supervisor Philip A. Lemieux, Supervisor Bill M. Ewing, Supervisor Gene E. Fisher, Supervisor Charles S. Dehaven, Jr., Supervisor MAR 2 0 2008 FHU \'r Ro%\ i, AIIIIPP,ti: PO , T Oto(:E Ro\ 602, FH)\T R(HA41'I N(:LVIA 22630, TnAPHON E: (5411) 614941$, FA( (540) 635 -942 L E -,w..: 41 P h]( 1.1 \ll U \'\EIT.CUM EAI0.E1\ AIIIIHI'.\E: 10X0$ \IAI\ STREEI. $111(1: IOO, rA10.rA \, \'IRf.I \IA 22030. TELLPH11 1E: (703) 452.2615. Fll.IN.LE: (103) 352-4190, F,- AIAIL: TIIOMASO.LA \1 \(1\:i \'EULO\ \rT LAWSON AND SILEK, P.L.C. 120 FxF.'1'ER DRIVE. SUITE 200 Posr oFFTcE Box 2740 WINCHES I ER, VA 22604 TELEPHONE: (540) 665 -0050 FACSIMILE: (540) 7224051 MAR 1 9 2008 1 � l 1 THOMAS MIOORF. LAWSON • TLAW'SON(a�LSPLC.CONI March 19, 2008 John R. Riley, Jr., County Administrator 107 North Kent Street Winchester, VA 22601 Michael T. Ruddy, Deputy Director Planning and Development County of Frederick 107 North Kent Street. 2 " Floor Winchester. VA 22601 Richard C. Shickle, Chairman Frederick County Board of Supervisors 292 Green Spring Road Winchester, VA 22603 Bill M. Ewing, Supervisor Opequon Magisterial District P.O. Box 27 Stephens City, VA 22655 Charles S. Dehaven, Jr., Supervisor Stonewall Magisterial District 2075 Martinsburg Pike Winchester, VA 22603 Gene E. Fisher, Supervisor Shawnee Magisterial District 246 Bush Drive Winchester, VA 22602 Philip A. Lemieux, Supervisor Redbud Magisterial District 106 Dell Court Winchester, VA 22602 Gary W. Dove, Supervisor Gainesboro Magisterial District 821 Apple Pie Ridge Road Winchester, VA 22603 Gary A. Lofton, Supervisor Back Creek Magisterial District 711 Buffalo Marsh Road Middletown, VA 22645 Re: Carmeuse Lime O -N Minerals (Chemstone) Company Our File No. 462.006 VIA HAND- DELIVERY Dear Gentlemen: As you know, the quarry rezoning is scheduled to be heard on the April 23, 2008 Board of Supervisors' meeting. Much has been accomplished during the time that this rezoning has been before Frederick County. Since we were last before the Frederick County Planning FRIp'T Ro) %E ARI1REss: Posy OFER:E 9016113. F1kmn Rw¢ E, VIRIPeIA 32610, TLttPR INE: (5411) 635 -9415, FU bPI11.E: (540) 635-9421, F.-NW L: %ILE "(, a eSCOSSEC I.( ()]I F.\ IRE %%A DIWF 5:10%05 Male STREET. SVII 1:200, FAR.1.VIMaelA 22030,71 I:EEPROSE:(703) 1512 615, FACSIMILE: (703) 352) 190. E. MAI L: "OR R 50.L.s95U1 vIIR.11.1EE John R. Riley, Jr., ete March 19, 2008 Page 2 Commission, we have had several meetings with citizens both as a group and also on a one -on- one basis. We have also had follow -up with Planning Staff and have revised our proffers to address the concerns raised by our neighbors as well as the various reviewing agencies. I enclose materials for your information and to provide you with the latest and most updated information concerning the rezoning. Spencer Stinson and 1 would also like to have the opportunity to meet with you to discuss the rezoning in greater detail. After you have had an opportunity to review the enclosed, please give me a call with your available times for a meeting. Also, I should point out that we plan to have another follow -up meeting with our neighbors at the Wayside Inn on April 2, 2008. You are certainly invited to attend. Thank you for your continued assistance and cooperation, I look forward to meeting with you at your earliest convenience. I TML:jk \ Enclosures cc: Carmeuse Lime O -N Minerals (Chemstone) Company 0 0 Response to Mitchell, Thomas and Ruddy Comments on Proposed Proffers MITCHELL - Clarify that these proffers supersede the proffers made relating to this property. First Sentence - The undersigned hereby proffers that the use and development of the subject properties ( "Properties'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. MITCHELL - Remove second sentence of second paragraph. The sentence, "The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein" was left in so that berms and other improvements /monitoring will not be required until the areas become active mining areas — consistent with the phasing proffer. MITCHELL - Delete "Any proffered conditions that would prevent the Applicant from conforming with State and /or Federal regulations shall be considered null and void" from the second paragraph. This sentence was retained as changes to regulations or existing regulations o/ which the Applicant is not aware should not negate the rezoning. RUDDY - Generalized Development Plan. Designate areas of land disturbance. 2. Locate buffers, berms, screening, tree preservation, site development improvements, and landscaping. A generalized development plan dated ( will be updated at final submittal) will be included with the proffer submittal. MITCHELL - 1.1 not a proffer —proposes required things. Clearly state if limiting uses. RUDDY - Clarification of uses not to be engaged in. THOMAS - Proffer out EM uses that will not be conducted on the site. 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining (DMM) of the Virginia Department of Mines, Minerals and Energy, and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following uses on the Properties: 0 0 Oil and natural gas extraction; Asphalt and concrete mixing plants; Brick, block and precast concrete products; Cement and lime kilns; and Coal and natural gas -Jived power plants *This is not to be interpreted as a restriction against using power plants on the Properties as necessary to support extractive mining activities. RUDDY - Clarify access to property at Chapel Road. 2.1 Properties' access via public secondary roads shall be limited to the existing quarry entrance on McCune Road (Route 757). Access by vehicles needed for periodic maintenance of the Properties shall not be limited. RUDDY - Proffer Viewshed Mitigation Plan. Chapel Road Viewshed mitigation. MITCHELL - Distance buffers, screening and berms — Quantify distance exceeding requirements. 2.2 Distance buffers shall be provided along the perimeter of the Properties in addition to those required b the Zoning Ordinance. The depth of said buffers shall be determined at the time of site plan submission, and will vary based upon the topography of the site boundary. 2.3 Earthen berms installed around the Properties' active quarry pits shall be landscaped to minimize impacts to the viewshed of the surrounding community. Such landscaping shall consist of a mix of deciduous and coniferous plantings placed in a random manner in order to be consistent with existing vegetation patterns. Said berms shall be limited to a maximum height of 30 feet. RUDDY - Riparian buffer preserving mature woodland areas adjacent to the creek — include in GDP. 14.2 The Applicant agrees that the area currently in trees, which is outside of the rezoned Properties, and which is more specifically described in the attached and incorporated plat, intentionally is not part of this rezoning. Applicant intends to use best management practices of the trees located thereon. 14.3 The Applicant proffers to keep its mining operations at least 200,feet from the edge of Cedar Creek. In other designated areas (as designated on the attached and incorporated plat), the distance may be increased. RUDDY - Historic Reserve — identify and incorporate recipient and mechanism into the proffer. 0 0 3.1 ... Further, the Applicant shall place restrictions on the reserve land for how the reserve will be used by the Properties' owner and future owners. Said reserve land shall be dedicated to a recognized historical association and /or group within one year offtnal rezoning. The Applicant has not yet determined the appropriate entity, nor has it been approached by an entity interested in managing the historic reserve. Once an interested party is determined, the Applicant will work with that group to determine the best method for protection — easement, conveyance, etc. RUDDY - Helpful to dedicate area of no disturbance and /or tree preservation around the site to assist in preserving the integrity of the dedicated area. The 8 -acre reserve incorporates a buffer around the identified areas. RUDDY - No commitment to archeological survey beyond a Phase 1. Global should commit to any necessary additional surveys required by Dept. of Historic Resources. 3.2 The Applicant shall complete a Phase I Archaeological Survey of the Northern Reserve and Middle Marsh Properties as depicted on the GDP within one year of final rezoning or prior to any land disturbance of the portion of parcel 83 -A -109 and parcel 90 -A -23. Said survey shall locate, identify, and comprehensively record all historic sites, buildings, structures, and objects on the parcels. Such survey shall be conducted in accordance with the guidelines for a Phase I Survey as defined in the Virginia Department of Historic Resources "GUIDELINES FOR CONDUCTING CULTURAL RESOURCE SURVEY IN VIRGINIA - Chapter 7: Guidelines for Archaeological Investigations in Virginia, " 1999 (Rev. Jan. 2003). RUDDY - Address cemetery sites. 3.3 Two cemeteries have been identified on the Properties. The first cemetery is located adjacent to Chapel Road and is in an area that is not designated for mining and is also outside of the berming area. That cemetery is currently undergoing a historical restoration. The second cemetery is located in the area where berming is slated to be installed. The Applicant proffers the berming will be located in such a way as to not encroach on the cemetery. This cemetery is also currently undergoing a historical restoration. In addition, the cemetery is accessed through a right -of- -way which is of record providing access to the cemetery from Route 625. The Applicant proffers to open said right -of- way so that it can be used for access by the relatives of those in the cemetery. It is anticipated that once said right -of way has been opened, the Applicant will provide continued maintenance and have use ofsame. I 0 0 RUDDY - Proffer 4.1 unnecessary as FCSA already has an agreement in place securing ground water resources. MITCHELL - Proffer 4.1 informing of FCSA agreement does not appear to be a proffer. This proffer has been left in the application. RUDDY - Proffer 8.1 traffic monitoring mechanism not independent and indisputable measure of truck traffic. THOMAS — Traffic analysis. The proffer provides for the Applicant to monitor truck trips to and from the site, and provide the County with documentation as to the number of trips. While not independent, compliance with all proffers is dependent on the Applicant's commitment to adhere and retain its conditional zoning. 8.1 The Applicant agrees to restrict truck traffic to the Properties to a maximum of 200 truck loads per day averaged over the prior 30 days through the scale house hauling mined materials on and /or off the proposed quarry site, from the existing quarry entrance. The maximum number of trips will be regulated by the Applicant and its successors and /or assigns. A record of the actual number of truck trips per day shall be kept current (and maintained for one year) by the Applicant at its scale house office. Said record shall be made available in a form which con /firms the number of trips and the form will be produced to Frederick County officials upon demand with reasonable notice. RUDDY - Address impact of truck trips. Address impact of truck trips on Middletown. Truck trips have been capped at a number consistent with current truck trips through Middletown, so there will not be an additional impact on the community. RUDDY - Proffer 5.1 — Well locations identified and independently determined as appropriate. Will wells be located on the Property, or on adjacent residential properties within 500 feet of the property line? 5.1 The Applicant shall install a minimum of three monitoring wells to effectively establish and monitor the groundwater level in order to avoid detrimental impacts to surrounding properties. Said wells shall be installed prior to any land disturbance of the portion of the Properties identified as parcel 83 -A -109 by the GDP, and shall be located within 500 ,feet of the Properties' boundaries. A minimum of one monitoring well shall be installed within 500 feet of'the Northern Properties' boundary. 0 0 RUDDY - Proffer 5.2 — Describe how adverse impacts would be determined and who will determine if they are caused by mining operations. Second paragraph of 5.2 should be removed as it is descriptive. 5.2 Subject to and consistent with the provisions of paragraph 9.2, the Applicant shall remediate any adverse impacts to wells located on surrounding properties caused by mining operations on the Properties. Costs associated with any required remediation shall be borne by the Applicant. Furthermore, the Applicant agrees to participate in a pre -blast sun and well monitoring surrey, as further described herein. The intent of the aforementioned surveys is to provide a mechanism to remediate any adverse impacts to wells and /or structures, which are caused 'by the mining operations on the Properties. 91 The Applicant will offer voluntary well monitoring surveys of properties that are within 1,500 feet of the Properties' boundaries. The aforementioned surveys will be conducted by an independent well drilling firm, which will investigate and document the pre -blast conditions of the participants' wells. All citizens who have property located within 1,500 feet of the Properties' boundaries can and are encouraged to participate in the survey by contacting the Applicant and scheduling a mutually agreeable time for the independent well drilling firm to visit the party's residence to document and survey the pre -blast condition of the party's well. A record of these pre -blast conditions will be kept by the independent well drilling firm, with copies retained by the Applicant and the participating property owner. In the event a change of condition is alleged by the property owner as a result of mining operations, the well drilling firm will then conduct a follow -up visit and investigation and use pre -blast information as a control and basis for subsequent analysis. ff it is determined that the status of the neighboring property owner's well has deteriorated from the condition it was in at the time of the pre -blast survey, then the Applicant agrees to restore the well to its condition existing at the, time of the pre -blast survey and /or provide the adjoining property owner a replacement well of the same condition (or better) of that which existed at that time of the pre -blast survey. RUDDY - Proffer 6.1 is required by the applicant's permit. Inclusion of Proffer 6.1 informs residents of DEQ permit requirements and gives the County an opportunity - to address dust suppression, should citizens become affected by same. 6.1 Dust from drills, shot piles, material handling, screens, crushers, conveyors, feeders, hoppers, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Department of Environmental Quality general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. RUDDY - Proffer 7.1 — Define the blasting methods prohibited (Block Holding — Adobe) and method of regulation (DMME or County)? MITCHELL - First two sentences of proffer 7.1 do not appear to be a proffer, but a statement of DMME regulations. Block holing is defined as the breaking of boulders by loading and firing small explosive charges. Adobe blasting is defined as blasting by placing a quantity of explosives against a rock or other object without confining the explosives in a drill hole. 7.1 ...Applicant agrees to have an approved blasting plan in place at all times. An example of the current blasting plan is attached. Further, in addition, Applicant agrees that there will be no block holing or adobe blasting conducted on the Properties... RUDDY - Proffer 9.1 - Mechanism for pre -blast surveys should be established prior to the acceptance of the proffer statement. 9.1 The Applicant will offer voluntary pre -blast surveys ofproperties that are within 1, 500 feet of the Properties' boundaries. The mechanism of voluntarily electing to participate in pre -blast surveys met with general approval at the public meetings. RUDDY - Properties immediately adjacent should be clearly defined. (Adjacent to both parcels orjust 83 -109) The proffer statement defines "Properties " in the heading, as parcels 83 -A- 109 and 90 -A -23. RUDDY - Who bears expense? 9.1 The Applicant will offer voluntary pre -blast surveys of properties that are within 1,500 feet of the Properties' boundaries... 0 0 The Applicant is offering the pre -blast surveys to properties within 1,500 feet. The Applicant will bear the expenses associated therewith. RUDDY - Proffer 9.2 — Ensure that replacement wells are fully operational. 9.2 ff it is determined that the status of the neighboring property owner's well has deteriorated from the condition it was in at the time of the pre -blast survey, then the Applicant agrees to restore the well to its condition existing at the time of the pre -blast survey and /or provide the adjoining property owner a replacement well of the same condition (or better) of that which existed at that time of the pre -blast survey. Same or better condition indicates that the well will be able to draw at the same or better rate that existed at the time of the survey. RUDDY - Proffer 9.3 — Bonding only applicable for properties participating in 9.1 and 9.2 surveys. 1f neighbors elect not to participate in pre -blast surveys and monitoring, there is not a baseline from which to determine if mining operations had any impact on the property. Bonding will be reserved those who participate in the survey and monitoring programs. Helpful to provide information on Global's current bonding status with DMME, participation in the Minerals Reclamation Fund, and potential costs associated with remediation and repair of adjacent wells and properties. Bonding and insurance will apply to any successful liability claim against the Applicant, but will only be relied upon in the event of Applicant's insolvency. 9.3 In addition to the above, the Applicant agrees to maintain in force an insurance policy or other st {fficient security for a period of time covering the active mining operations on the Properties and to maintain in effect for a period of one year from the date of cessation of said mining operations, and to cover the costs of any remediation and /or repair, which is required pursuant to the terms of sections 9.1 and 9.2 above. Said policy or surety shall be in the amount of no Less than One Million and 00 /100 Dollars ($1, 000, 000.00) per occurrence. RUDDY - Demonstrate how the ultimate design and layout of the properties would occur upon the cessation of mining operations and subsequent use of the property as a water source. Reclamation plan should be designed so any reclamation activities and materials would be located in their final natural position. 10.1 It is intended that pursuant to the terms of the agreement reached with the FCSA that at the time of cessation of mining activities, the Properties' quarr pits shall be used by the FCSA as water reservoirs. The control of the water levels in the quarry pits shall be handed over to the FCSA. It is intended that the quarry pits at that time will contain quantities of water monitored and directed by the FCSA, and which will be conducive to the general betterment of natural habitat. RUDDY - Proffer 10.2 may be unnecessary. Removed, but it was explanatory of FCSA 's future use of the Property. RUDDY - Proffers 1 1.1, 12. 1, and 13.1 are redundant they are required by the Applicant's permit. These can be removed, but they do provide information on what is required of the Applicant. RUDDY - Proffer 13.2 — Clarify re Cedar Creek Discharge point. 14.1 In addition to compliance with the VPDES water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality consistent with the water quality in Cedar Creek so as to maintain an environment conducive to natural habitats. No additional water discharge points will be added. 06/07/2006 14:45 8043672391 DEPT OF HISTORIC RES • t COMMONWEALTH of VIRQINIA Office of the Governor L. Preston Bryant Secretary of Natural Resources April 26, 2006 Ms. Julie Clevenger 451 Westemview Drive Middletown, VA 22645 Dear Ms. Clevenger: PAGE 02/04 Thank you for writing Governor Kaine regarding the quarries proposed for development in the vicinity of Middletown. Governor Kaine has asked that I respond to you on his behalf. I understand that quarry excavation, and likely subsequent reservoir development, is proposed for several sites within an approximately 639 -acre tract in'the vicinity of Cedar Creek and Meadow Brook, just north of Middletown in Frederick County. The projects currently are in planning and rezoning stages and have not yet been coordinated with relevant state agencies, such as the Department of Environmental Quality and the Department of Mines, Minerals and Energy, which may have regulatory authority over the quarry excavation or water supply aspects of this project. To date, the Department of Environmental Quality (DEQ) has not received any permit applications, including air and wetlands, for the proposed quarry expansion by O -N Chemstone. DEQ would not have a permit requirement unless the company decides to expand their crusher and conveyance systems, which would require changes to their existing air permit. I have asked the Virginia Department of Game and Inland Fisheries (DGIF) to help me identify potential project impacts on the local wildlife and habitats. DGIF is the state wildlife agency and has jurisdiction over the Commonwealth's terrestrial wildlife, freshwater fish and other aquatic resources, and state or federally endangered or threatened species other than insects. DGIF is a consulting agency under the U. S. Fish and Wildlife Coordination Act, and it provides environmental analysis of projects or permit applications coordinated through DEQ, the Virginia Marine Resources Commission, the Virginia Department of Transportation, the U.S. Army Corps of Engineers (Corps), the Federal Energy Regulatory Commission, and other state or federal agencies. DGIF's role in these procedures is to detennine likely impacts upon fish and wildlife resources and habitat, and to recommend appropriate measures to avoid, reduce, or compensate for those impacts. Based on early DGIF research, it is my understanding that a variety of terrestrial and aquatic habitats would be affected by the proposed project. A preliminary review of DG1F's wildlife data suggests that wood turtles, a state threatened species, may occur in the project area. Patrick Henry Building • 1111 East Broad Stmt • Richmond, Virginia 23219 • (804) 786.0044 • TTY (800) 828.1120 06/07/2006 14:45 6043672391 - DEPT OF HISTORIC RES Ms. Julie Clevenger April 26, 2006 Pam 2 You also expressed concern that bald eagles, currently a federally threatened species, may nest on the tract as well. Any information that you can provide to DGIF about eagle nests in this location would be greatly appreciated. DG1F's databases contain historic records of other imperiled bird species from this area, including the state threatened loggerhead shrike, Bewick's wren, and upland sandpiper. The nearby Meadow Brook is designated a Class V Coldwater Stream capable of supporting a stockable trout fishery. I have some concerns over potentially adverse impacts of the proposed project on these and other sensitive wildlife resources and habitats on the site. Additional information is needed so that we may further evaluate potential wildlife impacts. Additionally, the Virginia Department of Historic Resources (DHR) has been tracking the rezoning application for several months. On December 20, 2005, DHR advised the Frederick County Department of Planning through its History Advisory Board that the proposal had the potential to result in significant adverse impacts on archaeological and historic resources located directly in the parcel in question. Accordingly, DHR recommended that the County require the applicant to conduct an assessment of all archaeological and historic architectural resources within the parcel before taking action on the rezoning application. Based on follow up discussions with the County's planning staff, it is DHR's understanding that the County is likely to require ON Chemstone to undertake such an assessment. Be advised that if wetlands are affected, such an investigation maybe required ofO -N Chemstone pursuant to Section 106 of the National Preservation Act of 1966, as amended, as a condition of receiving a federal wetlands permit fxom the Corps. If the project tonnes to be defined as a federal undertaking, the Corps would be required to consult with DHR, and DHR would consider in its review and recommendations not only the effect of the project on historic resources located on the development parcel but also the potential visual impacts of the development on nearby historic property such as the Cedar Creek Battlefield and Belle Grove/ Plantation. Further, the Department of Conservation and Recreation has identified, in its 2 Virginia Outdoors Plan, Cedar Creek in Shenandoah and Frederick Counties as a pots' component of the State's scenic rivers system. And both DCR and the Virginia Der Transportation have recently determined that U.S. Route 11 qualifies for designar Byway. It is my hope that County officials consider these items as they contem and its potential impacts on the region's significant scenic, natural, and cultur Because the authority to regulate local land use is the prerogative Virginia and the ultimate decision to approve the rezoning application; make, I strongly encourage you to continue expressing your concern- to your local elected officials. I also recommend that you contact P' (703 -221 -6967) for further information on whether the requiremP National Historic Preservation Act may be triggered in this c&Q as O -N Chemstone's development proposal moves forward./ Governor Kaine and I are committed to conserving Virg, of its citizens. We also recognize that economic development and h 06/07/2006 14:45 8043672391 DEPT OF HISTORIC RES PAGE 04/04 Ms. Julie Clevenger April 26, 2006 Page 3 region and that a balanced approach is needed to accommodate economic and environmental needs. My agencies and I are committed to working with you and other interested parties, including the County and the permit applicants, to ensure this balance is achieved, and we look forward to cooperating with you, your local government agencies, and other stakeholders in this regard. Again, 1 encourage you to contact David Whitehurst, Director of DGIF's Wildlife Diversity Division, and talk with him further about the role that the DGIF has in this project and the information that they have about wildlife resources. Mr. Whitehurst may be reached at 804 - 367 -4335 or via e-mail at David Whiteburst(Z ddf vigginia.goV Thank you for taking time to let Governor Kaine know about your concerns. We appreciate your interest in the natural resources of Virginia- Sincerely, ( L. � _ , Jr. JJr Prest Bryant, LPB7r /cbd r113 04/01/2006 16:27 FAX FACSIMILE COVER SHEET Date: April 1, 2008 To: Michael T. Ruddy, Deputy Director Planning and Development Fax Number: 540- 665 -6395 From: Thomas Moore Lawson, Esquire Our File No: 462.006 Number of pages including cover; 3 Message: Please see attached. 1 , z 001/003 The information contained in this facsimile message is information intended only for the use of the individual or entity named above, and may be attorney /client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. FOUNT ROVM.AM9KNO ROI. V=rmm'MO. Tvvnwra:(540)0069116 P.K30n 11!Wo1615yQ11, E.BUR.: mrx2(pll.rrvimrvxccr.aan r.0 w®"n 10805 NST=T,SMM210, FK.1wP V cMA 2200. "'L BONL(708)I52. U6 PncS :(T OS24I80, E -m n: T11omA50L�weorvplKFwmRtr✓.T Soo* i L AWSON AND STLEK, P.L.C. 120 EOSETER DRIVE, SUITE 200 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEMONE: (540)665 -0050 FAcslB : (500) 7224051 FACSIMILE COVER SHEET Date: April 1, 2008 To: Michael T. Ruddy, Deputy Director Planning and Development Fax Number: 540- 665 -6395 From: Thomas Moore Lawson, Esquire Our File No: 462.006 Number of pages including cover; 3 Message: Please see attached. 1 , z 001/003 The information contained in this facsimile message is information intended only for the use of the individual or entity named above, and may be attorney /client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. FOUNT ROVM.AM9KNO ROI. V=rmm'MO. Tvvnwra:(540)0069116 P.K30n 11!Wo1615yQ11, E.BUR.: mrx2(pll.rrvimrvxccr.aan r.0 w®"n 10805 NST=T,SMM210, FK.1wP V cMA 2200. "'L BONL(708)I52. U6 PncS :(T OS24I80, E -m n: T11omA50L�weorvplKFwmRtr✓.T F " 0 16:27 FAX • L A`'VSON AND SILEK, P.L.C. 120 EXETER DRIVE. SOrTE 200 POST OFFTCE BOX 2740 WINCHESTQR,VA 22604 TEL HONE: (540) 665-0050 FACSUMILE: (540) 7224051 April 1, 2008 Michael T. Ruddy, Deputy Director Planning and Development County of Frederick 107 North Kent Street, 2 Floor Winchester, VA 22601 • 1002/003 THOMAS Mon(n( LAWSON 0 1'LAWSO (u)LS%.C.COM Re: 0-N Minerals (Chemstone) Company Our File No. 462.006 REZ #03 -06 VIA FACSIMILE Dear Mike: Enclosed please find a replacement page 3 of the Proffers regarding the above- referenced rezoning. The revision was made to confirm the historical restoration work. Thank you for your continued assistance and cooperation. If you have any questions, please do not hesitate to give me a call. Very yours, Thom M ore Lawson TML;sjw Enclosure cc: O -N Minerals (Chemstone) Company FmM ROVLLAYYRFf5: POST OFMCY Rm(602.FMNT RaO VILC "21f)Y.TRL 1"n:(Sf0, 125.1YIS, V.b Mr: (W) 0."421, E. A'L: FILeKwx NICONNCCTCOM Pnutr..a AdN¢S!IOY05 Mwlrv] fOn, 6urtv EM,VuYVac V1Ypinu E]U3Y TM[.Yrnm_(9Ol) \Sl -Ifif FM'rv!.�xA'(( }62dIFY� L.MAIL:TMomY 0.1- ' Ynuv.'.T I 04/01/2008 16:27 FAX Z 003 /003 final rezoning or prior to any land disturbance of the portion of parcel 83 -A -109 and parcel 90 -A -23. Said survey shall locate, identify, and comprehensively record all historic sites, buildings, structures, and objects on the parcels. Such survey shall be conducted in accordance with the guidelines for a Phase 1 Survey as defined in the Virginia Department of Historic Resources "GUIDELINES FOR CONDUCTING CULTURAL RESOURCE SURVEY IN VIRGINIA - Chapter 7: Guidelines for Archaeological Investigations in Virginia," 1999 (Rev_ Ian. 2003). 3.3 Two cemeteries have been identified on the Properties. The first cemetery is located adjacent to Chapel Road and is in an area that is not designated for mining and is also outside of the berming area. That cemetery is currently undergoing a historical restoration. The second cemetery is located in the area where berming is slated to be installed. The Applicant proffers the berming will be located in such a way as to not encroach on the cemetery. This cemetery is also currently undergoing a historical restoration. In addition, the cemetery is accessed through a right -of- -way which is of record providing access to the cemetery from Route 625. The Applicant proffers to open said right -of -way so that it can be used for access by the relatives of those in the cemetery. It is anticipated that once said right -of -way has been opened, the Applicant will provide continued maintenance and have use of same. 4. Rights to Water Supply 4.1 The Applicant shall guarantee the Frederick County Sanitation Authority (FCSA) rights to the water resources available on the Properties in accordance with the existing agreements between the Applicant and FCSA. 5. Ground Water 5.1 The Applicant shall install a minimum of three monitoring wells to effectively establish and monitor the groundwater level in order to avoid detrimental impacts to surrounding properties. Said wells shall be installed prior to any land disturbance of the portion of the Properties identified as parcel 83 -A -109 by the GDP, and shall be located within 500 feet of the Properties' boundaries. A minimum of one monitoring well shall be installed within 500 feet of the Northern Properties' boundary. 5.2 Subject to and consistent with the provisions of paragraph 92, the Applicant shall remediate any adverse impacts to wells located on surrounding properties caused by mining operations on the Properties. Costs associated with any required remediation shall be bome by the Applicant. Furthermore, the Applicant agrees to participate in a pre -blast survey and well monitoring survey, as further described herein. The intent of the aforementioned 17/2008 15:21 FAX la 002/002 LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SOITE 200 POST OFFICE Box 2740 WINCHESTER,VA 22604 TELMIONE: (540) 665-0050 FACSIMILE:(540) 722 -4051 March 17, 2008 John R. Riley, Jr. County Administrator County of Frederick 107 North Kent Street Winchester, VA 22601 THOMAS MOORS LAW5014 • TLAWSON( UN.C.COM Re: O -N Minerals (Chemstone) Company Our File No. 462.006 REZ #03 -06 VIA FACSIMILE AND U.S, MAIL Dear John: I am in receipt of your letter dated March 14, 2008. I apologize for the confusion, but I assumed we were on the Board of Supervisors' Agenda for April 23, 2008. This is to confirm O- N Minerals (Chemstone) Company's request for the same. As. an aside, I plan to hand - deliver rezoning materials to the Board of Supervisors and Staff tomorrow to help everyone become re- familiarized with the project. Thank you for your continued assistance and cooperation. Please give me a call if you need anything further. truly yours, Thom M re Lawson TML:atd cc: O-N Minerals (Chemstone) Company Fm RIN Aob�:PonO9 E 903,FR RMr VMQMA 2WO,'11q,p x!(940) 6399419. FAO ;19W)u"421, E -pn¢.: 6nACJ6IYtt.<CWYNE tw PAIW.CAPFA6Ex IW09 MU.9xv.., 9UIrt t04, PAY1�LVUSmrta 120.90. T4anPEm4[: T199)J32 -2615, PACiOOY: r/OI992./19q LMAIL: TEpNA9pr.ApbRpV [ uwFl¢I' COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665 -5666 Fax 540/667 -0370 E -mail: jrilev @co.frederick.va.us March l4, 2008 Thomas More Lawson Lawson & Silek, P.L.C. P.O. Box 2740 Winchester, VA 22604 Re: O -N Minerals (Chemstone) Company REZ #03 -06 Dear Ty: I am writing as a follow up to my February 6, 2008 letter to you regarding the above topic. As of this date, I have not received a response and am inquiring as to your desire relative to the Board of Supervisors' consideration of this matter. Please let me know how you wish to proceed. you have any questions, please do not hesitate to contact me. Jo%"R. Riley, Jr. County Administrator JRR/jet 107 North Kent Street • Winchester. Virginia 22601 -5000 i �J C COUNTY of FREDERICK John R. Riley, Jr. County Administrator February 6, 2008 Thomas Moore Lawson Lawson and Silek, P.L.C. P.O. Box 2740 Winchester, VA 22604 Re: O -N Minerals (Chemstone) Company REZ #03 -06 Dear Ty: 540/665 -5666 Fax 540/667 -0370 E -mail: jriley@co.frederick.va.us In response to your letter of January 30, 2008 regarding the above referenced subject, please be advised that it would be my advice to the Board to take this item to public hearing at its April 23, 2008 meeting. This approach will allow the Board to get through the budget public hearing and adoption process and more fully devote their time and attention to this application. Should you have any questions, please do not hesitate to contact me. R. Riley, Jr. tv Administrator JRR/j et 107 North Kent Street • Winchester, Virginia 22601 -5000 0 LAWS ®N AND SILEK, P.L.C. 120 EXETER DRIVE; SUITE'200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665 -0050 FACSIMILE: (540) 7224051 John Riley, County Administrator County of Frederick 107 North Kent Street Winchester, VA 22601 Dear John: 0 THOMAS MOORE LAWSON TLAWSOMOLSPLC.COM 2. 4.6 .\ r January 30, 2008 us 4:1 c ��EZOG64��' L �� Re: O -N Minerals (Chemstone) Company Our File No. 462.006 REZ #03 -06 We would like to place the O & N Minerals rezoning matter on the Board of Supervisors Agenda for consideration. I am mindful of the fact that budget will be a large part of the March Board hearings. Would it be possible to place this matter on the Board of Supervisors' Agenda for the second meeting in February? Thank you for your continued assistance and cooperation. I look forward to hearing from you shortly. Very t urs, Thom s oore Lawson TMLsjw cc: O -N Minerals (Chemstone) Company Richard C. Shickle, Chairman Board o Supervisors FRONT ROYALAODRFSS: POST OFPLU BOX 602, FRONT ROYAL, VIRGINIA 22630. TELEPHONE: (540) 635 -9415, FACSIMILE: ($4R) 6359421, E -MAIL: SILEX)CTYNXCONNECTCOM FAIRFAS ADDRESS: 10805 MAIN STREET. SO. 200,FAIRFAX, V IRGINLA 22030,TELEPHONE: (703) 3S2 -2615, FACSIMILE: (703) 35241%, E -MML: THOMASO.LAWSONCILSRAEON.NET 04/03/2007 12:13 FAX • • IA 002/002 LAWSON AND SILEK, P.L.C. t20 FXEM DRIVE. sum 2 90 POSE OFFICE BOX 2740 WINCHTSrER, VA 22604 Txarsunk: (540) 6650050 FACSIMU.L: (540) 722405 THOMAS MOORE LAWSON• TLAWSOM T iRLCOM April 3, 2007 VIA FACSIMILE AND U.S. MAIL John R. Riley, Jr., County Administrator 107 North Kent Street Winchester, VA 22601 VIA U.S. MAIL Richard C. Shickle, Chairman Frederick County Board of Supervisors 292 Green Spring Road Winchester, VA 22603 Re: O -N Minerals (Chemstone) Company Our File No. 462.006 Dear Gentlemen: This is to request a postponement of the public hearing before the Board of Supervisors on the above matter. Thank you for your assistance and cooperation. If anything further is required to effect the postponement, please advise me immediately. TML:cmh cc: O -N Minerals (Chemstone) Company P4M, ROY" /.O"Wt TW, Illfl[Y RO[ 631, P110M QOYJ- Vmron. ]SOO iSI.V110M: fSbl {JNII/. F/.gW1l: (IM 6)S?]1(. LN,L• SR[I(IIYYT]![ONXfCI.CV M F.uP.3ADVRMt IN" N MY , UMMIMFAwnc ICROIIS 33QM TII.O�nO+n:/'OI �s2a{I; PnCTiRY: 11331 btlAlL: rRQM.SO.LAwanH•nxiunnrt 12/06/2006 17:47 FAX 10 UVLI VVG n r ?f ��FI, 1 ��su6 LAWS ®N AND SiLEK, P.L.C. 120 EnTm o1mm, SmT 200 POST OMC4 BOX 2740 WIN«IFSTEB. VA 2260 TELEPHONE: (540) 665.0050 FACSIMILE: (540) 722 Mr. Jay E. Tibbs Deputy County Administrator County of Frederick, VA 107 N. Kent Street Winchester, VA 22601 VIA FACSIMILE AND U.S. MAIL Dear Jay, December 8, 2006 TuomM MOM LnwaON • '1'! AVVE0N(¢1L9PLC COb! Re: O -N Minerals (Chemstone) Company Rezoning Our File No. 462.006 Pursuant to our conversation of today, this is to confirm O -N Minerals (Chemstone) Company does not wish to be placed on the January 10 Board of Supervisors' Agenda, We will contact you to set up a date in the future. Thank you for your assistance and cooperation. if you should have any questions, please do not hesitate to give me a call. l TML:atd cc: O -N Minerals (Chemstone) Company F4 F"'."...:PO.R pn,ca Boa Wl:PNx, RuYAL: Vitt: M :.31d]Q'ITltIAOHI:(!10)61591`S�F C9R.m.Et'l�f3lOi 8- MAIL'TPUMAI�O.LAM'M �F^mi PumaADo ; long Mw+srnam: ss0l0.'ltv..nunc (RJ)�SYSbIl, 0 LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665 -0050 FACSIMILE: (540) 722 -4051 December 1, 2006 Michael T. Ruddy, Deputy Director Planning and Development County of Frederick 107 North Kent Street, 2 Ba Floor Winchester, VA 22601 THOMAS MOORE LAWSON IF TLAWSON(R)LSPLC.COM Re: O -N Minerals (Chemstone) Company Our File No. 462.006 REZ #03 -06 VIA HAND DELIVERY Dear Mike: This is to confirm our earlier conversation that we would like to have the O -N rezoning placed on the January 10, 2007 Board of Supervisors' Agenda. A copy of the revised Proffers is included for your review. Thank you for your continued assistance and cooperation. If you have any questions, please do not hesitate to give me a call. TML:atd Enclosure cc: O -N Minerals (Chemstone) Company Richard C. Shickle, Chairman Board of Supervisors John Riley, County Administrator FRONT ROYALAOOREES: POST OFFICE BOX 602, FRUNT ROYAL, VIGGUN A 22630, TELEPHONE: (540) 635 -9415, FACSIMILE: (540) 635 -9421, E -MAIL: SILEMC'GVNXCONNECF.COM FAIRFAXAVORESS: 10805 MAIN STREET, SUITE 200, FAIRFAX, VIRGINIA 22030, TELEPOONE: (703) 352 -2615, FACSIMILE: (703) 352 -0190, E -MAIL: THOMASO.LAWSONCVERIEO \N,NET 0 REZONING PROPERTY RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): 0 PROPOSED PROFFER STATEMENT RZ# 03 -06 Rural Areas (RA) to Extractive Manufacturing (EM) 639.13 Acres + / -; Tax Map Parcels 83 -A -109 and 90 -A -23 (the "Properties ") O -N Minerals Chemstone Company O -N Minerals Chemstone Company Chemstone - Middletown June 13, 2005 January 16, 2006 February 8, 2006 August 28, 2006 The undersigned hereby proffers that the use and development of the subject properties ( "Properties "), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above - referenced EM conditional rezoning is not granted as applied for by the applicant ( "Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affinned on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and /or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, O -N Minerals (Chemstone)" dated (the "GDP "), and shall include the following: 0 0 Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining (DMM) of the Virginia Department of Mines, Minerals and Energy, and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following uses on the Properties: Oil and natural gas extraction; Asphalt and concrete mixing plants; Brick, block and precast concrete products; Cement and lime kilns; and Coal and natural gas -fired power plants* *This is not to be interpreted as a restriction against using power plants on the Properties as necessary to support extractive mining activities. 2. Site Development 2.1 Properties' access via public secondary roads shall be limited to the existing quarry entrance on McCune Road (Route 757). Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 Distance buffers shall be provided along the perimeter of the Properties in addition to those required by the Zoning Ordinance. The depth of said buffers shall be determined at the time of site plan submission, and will vary based upon the topography of the site boundary. 2.3 Earthen berms installed around the Properties' active quarry pits shall be landscaped to minimize impacts to the viewshed of the surrounding community. Such landscaping shall consist of a mix of deciduous and coniferous plantings placed in a random manner in order to be consistent with existing vegetation patterns. Said berms shall be limited to a maximum height of 30 feet. 3. Historic Resources 3.1 The Applicant shall create an 8 acre historic reserve as shown on the GDP, within which archeological resources and other historic activities have been identified. Further, the Applicant shall place restrictions on the reserve land for how the reserve will be used by the Properties' owner and future owners. Said reserve land shall be dedicated to a recognized historical association and /or group within one year of final rezoning. 3.2 The Applicant shall complete a Phase I Archaeological Survey of the Northern Reserve and Middle Marsh Properties as depicted on the GDP within one year of 0 0 final rezoning or prior to any land disturbance of the portion of parcel 83 -A -109 and parcel 90 -A -23. Said survey shall locate, identify, and comprehensively record all historic sites, buildings, structures, and objects on the parcels. Such survey shall be conducted in accordance with the guidelines for a Phase 1 Survey as defined in the Virginia Department of Historic Resources "GUIDELINES FOR CONDUCTING CULTURAL RESOURCE SURVEY IN VIRGINIA - Chapter 7: Guidelines for Archaeological Investigations in Virginia," 1999 (Rev. Jan. 2003). 3.3 Two cemeteries have been identified on the Properties. The first cemetery is located adjacent to Chapel Road and is in an area that is not designated for mining and is also outside of the berming area. That cemetery will remain in an undisturbed state. The second cemetery is located in the area where berming is slated to be installed. The Applicant proffers that cemetery will also remain undisturbed and the berming will be located in such a way as to not encroach on the cemetery. In addition, the cemetery is accessed through a right -of -way which is of record providing access to the cemetery from Route 625. The Applicant proffers to open said right -of -way so that it can be used for access by the relatives of those in the cemetery. It is anticipated that once said right -of -way has been opened, relatives will see to the continued maintenance of said right -of -way. 4. Rights to Water Supply 4.1 The Applicant shall guarantee the Frederick County Sanitation Authority (FCSA) rights to the groundwater resources available on the Properties in accordance with existing agreements negotiated between the Applicant and FCSA. 5. Ground Water 5.1 The Applicant shall install a minimum of three monitoring wells to effectively establish and monitor the groundwater level in order to avoid detrimental impacts to surrounding properties. Said wells shall be installed prior to any land disturbance of the portion of the Properties identified as parcel 83 -A -109 by the GDP, and shall be located within 500 feet of the Properties' boundaries. A minimum of one monitoring well shall be installed within 500 feet of the Northern Properties' boundary. 5.2 Subject to and consistent with the provisions of paragraph 9.2, the Applicant shall remediate any adverse impacts to wells located on surrounding properties caused by mining operations on the Properties. Costs associated with any required remediation shall be borne by the Applicant. Furthermore, the Applicant agrees to participate in a pre -blast survey and well monitoring survey, as further described herein. The intent of the aforementioned 0 0 surveys is to provide a mechanism to remediate any adverse impacts to wells and /or structures, which are caused by the mining operations on the Properties. 6. Dust Control 6.1 Dust from drills, shot piles, material handling, screens, crushers, conveyors, feeders, hoppers, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Department of Environmental Quality general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. 6.2 All materials being stockpiled on the Properties shall be kept adequately moist to control dust during storage and handling or covered as necessary to remediate any adverse impacts to surrounding properties and to minimize emissions. 7. Blasting Control 7.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the Division of Mineral Mining (DMM) of the Virginia Department of Mines, Minerals and Energy. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. In addition, Applicant agrees to have an approved blasting plan in place at all times. An example of the current blasting plan is attached. Further, in addition, Applicant agrees that there will be no block holing or adobe blasting conducted on the Properties. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 8. Traffic 8.1 The Applicant agrees to restrict truck traffic to the Properties to a maximum of 200 truck loads per day averaged over the prior 30 days through the scale house hauling mined materials on and /or off the proposed quarry site from the existing quarry entrance. The maximum number of trips will be regulated by the Applicant and its successors and /or assigns. A record of the actual number of truck trips per day shall be kept current (and maintained for one year) by the Applicant at its scale house office. Said record shall be made available in a form which confirms the number of trips and the form will be produced to Frederick County officials upon demand with reasonable notice. 9. Pre -Blast Surveys 9.1 The Applicant will offer voluntary pre -blast surveys of properties that are within 1,500 feet of the Properties' boundaries. The aforementioned surveys will be conducted by an independent engineering firm, which will investigate and document the pre -blast conditions of the participants' residences and/or outbuildings. All citizens who have property adjacent to the Properties can and are encouraged to participate in the survey by contacting the Applicant and scheduling a mutually agreeable time for the independent engineering firm to visit the party's residence to document and survey the pre -blast condition of the party's residences /outbuildings. The Applicant's and/or its engineering firm shall further have the right to visit and inspect the party's residences /outbuildings to monitor the condition of the same. A record of those pre -blast conditions will be kept by the independent engineering firm with copies retained by the Applicant and the participating property owner. In the event of a change in condition, which is alleged by the adjoining property owner as a result of mining operations, the engineering firm will then conduct a follow -up visit and investigation and use the pre -blast information as a control and basis for subsequent analysis. Said analysis shall be used to determine the cause of any negative change in condition. If it is determined there is a change in condition in the residences /outbuildings, which has been caused by the Applicant's mining activities on the Properties, then the Applicant agrees to remediate and/or repair said negative change in condition to restore it to its status prior to blasting operations. In addition, the Applicant agrees to establish seismic monitoring of the proposed quarry site to monitor all blasting activities and keep records of said seismic monitoring as required by the Virginia Division of Mines, Minerals and Energy. 9.2 The Applicant will offer voluntary well monitoring surveys of properties that are within 1,500 feet of the Properties' boundaries. The aforementioned surveys will be conducted by an independent well drilling firm, which will investigate and document the pre -blast conditions of the participants' wells. All citizens who have property located within 1,500 feet of the Properties' boundaries can and are encouraged to participate in the survey by contacting the Applicant and scheduling a mutually agreeable time for the independent well drilling firm to visit the party's residence to document and survey the pre -blast condition of the party's well. A record of these pre -blast conditions will be kept by the independent well drilling firm, with copies retained by the Applicant and the participating property owner. In the event a change of condition is alleged by the property owner as a result of mining operations, the well drilling firm will then conduct a follow -up visit and investigation and use pre -blast information as a control and basis for subsequent analysis. If it is determined that the status of the neighboring property owner's well has deteriorated from the condition it was in at the time of the pre -blast survey, then the Applicant agrees to restore the well to its condition existing at the time of the pre -blast survey and /or provide the adjoining property owner a replacement well of the same condition (or better) of that which existed at that time of the pre -blast survey. 9.3 In addition to the above, the Applicant agrees to maintain in force an insurance policy or other sufficient security for a period of time covering the active mining operations on the Properties and to maintain in effect for a period of one year from the date of cessation of said mining operations, and to cover the costs of any remediation and /or repair, which is required pursuant to the terms of sections 9.1 0 0 and 9.2 above. Said policy or surety shall be in the amount of no less than One Million and 00 /100 Dollars ($1,000,000.00) per occurrence. 10. Reclamation 10.1 It is intended that pursuant to the terms of the agreement reached with the FCSA that at the time of cessation of mining activities, the Properties' quarry pits shall be used by the FCSA as water reservoirs. The control of the water levels in the quarry pits shall be handed over to the FCSA. It is intended that the quarry pits at that time will contain quantities of water monitored and directed by the FCSA, and which will be conducive to the general betterment of natural habitat. 11. Noise Abatement 11.1 Operations on the Properties will not exceed the Virginia Department of Mines and Minerals Engineering's decibel guidelines. The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. 12. Lighting 12.1 There shall be no permanently affixed lighting structures above - ground on the berms other than as may be used for conveying or pit crushing facilities or for mining activities, with the exception as may be required for or provided by regulations that affect the plant operations, including but not limited to, Mine Safety Health Administration ( "MSHA "), Virginia Department of Mines and Minerals and Energy ( "DMME "), and any other governmental or regulatory body that oversees mining operations, there shall be no permanently affixed lighting structures. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and /or existence at some time in the future while the extractive mining use is still in effect on the Properties. 13. Air Permit 13.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the Virginia Department of Environmental Quality standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 14. Environment 14.1 In addition to compliance with the VPDES water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality consistent with the water quality in Cedar Creek so as to maintain an environment - conducive to natural habitats. No additional water discharge points will be added. • s 14.2 The Applicant agrees that the area currently in trees, which is outside of the rezoned Properties, and which is more specifically described in the attached and incorporated plat, intentionally is not part of this rezoning. Applicant intends to use best management practices of the trees located thereon. 14.3 The Applicant proffers to keep its mining operations at least 200 feet from the edge of Cedar Creek. In other designated areas (as designated on the attached and incorporated plat), the distance may be increased. 15. Phasing 15.1 The Applicant agrees that mining activities on the Properties shall occur with the following phasing: After the rezoning is approved, the Applicant will start creating berms on the newly rezoned Properties and the Applicant shall start quarrying in the area identified as the Northern Reserve. Mining in the Northem area shall occur from the time period commencing with the approval of the rezoning for a period of time which is estimated to be twenty years. For the newly zoned area, which is north of the existing EM zoned property, and south of Chapel Road, mining activities will commence no earlier than ten years from the date that the rezoning referenced herein is approved. For the newly zoned area, which lies north of Chapel Road, mining will commence no earlier than twenty years from the date that the rezoning referenced herein is approved. SIGNATURES APPEAR ON THE FOLLOWING PAGES 0 Respectfully submitted, Its: O -N MINERALS (CHEMSTONE) CORPORATION COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: 0 The foregoing instrument was acknowledged before me this day of 2006, by NOTARY PUBLIC My commission expires: ILA 4 r] of FREDERICK l' !i • � TO: Board of Supervisors FROM: Michael T. Ruddy, AICP ✓ Deputy Director Department of Planning and Development 5401665 -5651 FAX: 540 /665 -6395 RE: Request to Schedule a Public Hearing; Rezoning Application RZ #03 -06, O -N Minerals (Chemstone). DATE: February 6, 2008 The County Administrator's Office received a request from Mr. Ty Lawson, dated January 30, 2008, to place the O -N Minerals (Chemstone) rezoning application, RZ 903 -06, on a future Board of Supervisors Agenda for consideration. The purpose of this memorandum is to inform the Board of this request and to receive direction from the Board of Supervisors regarding the timing of when the Board would like to schedule this item for a Public Hearing. The Board's upcoming schedule includes consideration of the Budget and its associated public hearings. This is anticipated to occur during the month of March and be concluded at your first meeting in April. Therefore, the Board's second meeting in April (April 23, 2008) may be a good choice. As the Board is aware, following the Planning Commission's recommendation for denial of this rezoning request, Mr. Lawson, on behalf of his client, requested that the Board of Supervisors postpone consideration of this request for an indefinite amount of time. At this time, it is appropriate to schedule this request for a public hearing at a time suitable to the Board. Please contact me if you have any additional questions. Attachment �! MTR/bad i 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 X:- • LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, Vet 22604 TELEPHONE: (540) 665 -0050 FACSIMILE: (540) 722 -4051 John Riley, County Administrator County of Frederick 107 North Kent Street Winchester, VA 22601 Dear John: 0 THOMAS MOORE LAWSON • TLAWSOM(xLSPLC 6 p X�f \ F January 30, 2008 " 4 c' Re: O -N Minerals (Chemstone) Company Our File No. 462.006 REZ #03 -06 We would like to place the O & N Minerals rezoning matter on the' Board of Supervisors Agenda for consideration. I am mindful of the fact that budget will be a large part of the March Board hearings. Would it be possible to place this matter on the Board of Supervisors' Agenda for the second meeting in February? I Thank you for your continued assistance and cooperation. I look forward to hearing from you shortly. Very trimly -yes, i Thom s core Lawson TML:sjw cc: O -N Minerals (Chemstone) Company Richard C. Shickle, Chairman Board o Supervisors FRO,T RO TADRRERF: POST OFFICE BO%601. FROFT R.L, VFk,;F,TA 22631LTCLEPRONF.: ( 540) 6354415- F.1CSTSTI E: (540) 6.35- 9411, E -MAR: SII,FKJIO:LYNXCONNF.CTCON FnIRFn I'APOaF.C5: 10AD5 MnIN CiPEE'F, 51111£200. FAIRFA %. VIRGIYIn 230:10, TEI.f:PHOVE: ('lOJ) 352 -2fi15, FnCfi1rv11LC' (�03)352d190, F MAIL: THOMA40.I.nNS OFiP VF.RYLOi9.V @I E 0 COUNTY of FREDERICK April 4, 2007 Thomas Moore Lawson Lawson and Silek. P.L.C. P.O. Box 2740 Winchester, VA 22604 Re: O -N Minerals (Chemstone) Company Rezoning Request Dear Ty: John R. Riley, Jr. County Administrator 540/665 -5666 Fax 540/667 -0370 E -mail: jriley @co.frederick.va.us This letter confirms receipt of your most recent request, on behalf of the applicant, to postpone the public hearing before the Board of Supervisors on the above referenced application, which you had previously requested to be scheduled for the April 25, 2007 Board of Supervisors' agenda. Please be advised that the County will honor your request for postponement, as we have done on two prior occasions (i.e. June 2006 and December 2006). We would request that the applicant notify us in writing at such time in the future as they wish the County to consider this rezoning application. Should you have any questions, please do not hesitate to contact me at 540- 665 -6382. n Sincerely, Riley, Jr. Administrator JRR/j et 107 North Kent Street • Winchester. Virginia 22601 -5000 NJI. VVL /VVL 12/08/2008 17:47 FAX D EC 1 1 2006 LAWSON AND SILEK P.L.0 . 320 EnT6a nsrvs, SWE 200 POST ONPICB BOX 2740 W INCHESTER, VA 22604 TELEPHONE: (540) 6654050 FACSIMILE: (640) 7224051 TBOMAS MooBE LALNSON ^.nW8nN&§PLaCOM December 8, 2006 Mr. Jay E. Tibbs Deputy County Administrator County of Frederick, VA 107 N. Kent Street Wincbester, VA 22601 Re: O -N Minerals (Chemstone) Company Rezoning Our File No, 462.006 VIA FACSIMILE AND U.S. MAIL Dear Jay: Pursuant to our conversation of today, this is to confirm O -N Minerals (Chemstone) Company does not wish to be placed on the January le Board of Supervisors' Agenda, We will contact you to set up a date in the future. Thank you for your assistance and cooperation. If you should have any questions, please do not hesitate to give me a call. _ 0 TML:atd cc: O -N Minerals (Chemstone) Company F="R TM Um ! , W OMx go *62•NFaNt ,,ALL V „CISIA 3263% TMEEE6MF:(546) 67S-PI14 F.t9 -,(SW)i35 -PIEL Fran: 411.Y1f167LYNYCO �lT.onmt Pudw. A6EVd6t 161F3MwV S]F66i, 3FrtE 260. N�uw.�•I'I"°'�M1 37p30.Tk,iEMUVF.(m3)3Sad61l. F.tlW0.,E:1]6li 332J19F, a -MnIG TAiM�60dnw¢�MO 0 DEC 1 2006 LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665 -0050 FACSIMILE: (540) 722 -4051 December 1, 2006 Michael T. Ruddy, Deputy Director Planning and Development County of Frederick 107 North Kent Street, 2 " Floor Winchester, VA 22601 THOMAS INOORE LANNS)N. 'rI.AWSON(1b I.SPLCCOAI Re: O -N Minerals (Chemstone) Company Our File No. 462.006 REZ #03 -06 VIA HAND DELIVERY Dear Mike: This is to confirm our earlier conversation that we would like to have the O -N rezoning placed on the January 10, 2007 Board of Supervisors' Agenda. A copy of the revised Proffers is included for your review. Thank you for your continued assistance and cooperation. If you have any questions, please do not hesitate to give me a call. Very Thoma Moo a TML:atd Enclosure cc: O -N Minerals (Chemstone) Company Richard C. Shickle, Chairman Board of Supervisors John Riley, County Administrator FROST ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VHU;1NIA 22630, TELEPHONE: (540) 635 -9415. FAC51\IILF: (540) 635 -9421. F.- NIAl1.: 51LEKJ( LVN'XCONNECTA OM FAIRFAX ADDRESS: 10805 MAIN $TREE'[. SUITE 200, F_AIRFAX, VIRGINIA 22030, TFL. PHONE,: (703) 352 -2615. FACSIMILE, (203) 352 -4190. E- .NIAIL: THONIANI.LAMNONV V EFIEON'.NEI Patton Harrl! & Associates • Engineers- Surveyors. Planners. Landscape Architects. MAY 2 6 May 26, 2006 Mr. Eric Lawrence Director of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: O -N Minerals Chemstone Rezoning Application Dear Mr. Lawrence: PH + P At their April 5, 2006 meeting, the Frederick County Planning Commission voted to 1 1 table the rezoning application for O -N Minerals Chemstone for alperiod of 60 days. colum b',o While the application, in its current form, is consistent with the requirements of Frederick Frederick County in order to proceed with the rezoning process, we would CoRICRATE. respectfully ask to postpone the public hearing date for an additional 30 days in Chantilly order to provide additional information that will aid both the: Frederick County VIRGINIA OFFICES: Planning Commission and Board of Supervisors in the decision making process. Bridgewater Ch °"illy Please do not hesitate to contact me should you have any questions or concerns. C ha riot lesville Fredericksburg Leesburg Sincerely, Newport News Virginia Beach P:\ Planning \RezoningAppls 'cations \PizdenckCounty \G1oba1- Middletown \Por6boneJeMr 052606. doe Winchester Patton Harris Rust & Associates Woodbridge LAFORATORIES A Chantilly Fredericksburg Patrick R_ Sewers MARYLAND OFFICES: BQlr, -o,e PRS colum b',o Frederick cc: Spencer SY1I1sOR Germantown Hollywood PEN.11.NIA OFFICE Allentown w EST VIRGINIA OFFICE: SSarfinsburg T 540 - 667 -2139 540 6b5 0493 117 Easr Piccadilly Street P:\ Planning \RezoningAppls 'cations \PizdenckCounty \G1oba1- Middletown \Por6boneJeMr 052606. doe Suite 200 Winchester, VA 22601 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 . Winchester, Virginia 22601 -5000 Telephone: 540 1665 -5651 FAX: 540/665 -6395 0�� TO: COMPANY: Date: (r / C0(o Number of Pages (including cover sheet) FAX #: CD�P S dy i From the desk of: �/�� �2_ a dl/ COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 TO: Board of Supervisors Planning Commission FROM: Michael T. Ruddy AICP �� Deputy Director —1 � \_ RE: Correspondence Regarding O -N Minerals Rezoning Application DATE: May 12, 2006 Please find enclosed correspondence from Mr. Woodward S. Bousquet regarding the O -N Minerals Rezoning Application (RZ# 03 -06). Mr. Bousquet asked that the letter which pertains to the environmental evaluation of the rezoning application be forwarded to the Planning Commission and Board of Supervisors for your information. Please contact me if you have any questions regarding the letter or the rezoning application. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5060 AENANDOAH APR 2 I April 22, 2006 Mr. Michael T. Ruddy Deputy Planning Director Frederick County Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 re. Rezoning Application #03 -06, O -N Minerals ( Chemstone) Dear Mr. Ruddy: I attended the Frederick County Planning Commission's public hearing on April 5 regarding rezoning application #03 -06 (O -N Minerals, Chemstone). In response to the request you made at the end of the meeting, I am submitting questions and comments about the application for consideration by the planning staff, the applicant, the Planning Commission, and the Board of Supervisors. These remarks are based upon my familiarity with Cedar Creek and its surrounding watershed that comes, in large part, from an ecological assessment that I conducted with four undergraduates in Shenandoah University's Environmental Studies Program in 2004. Our studies focused on evaluating water quality and on identifying ecological communities and habitats throughout the watershed in Frederick, Warren and Shenandoah Counties. We conducted these investigations in collaboration with the Potomac Conservancy, the Virginia Department of Game and Inland Fisheries and the Virginia Natural Heritage Program. Our findings are contained in Cedar Creek Revealed. A Study of the Ecological and Historic Context of Cedar Creek, a report released by the Potomac Conservancy this past December. I have provided copies of this report to you, to Mr. Chuck Maddox (Patton Harris Rust & Associates) and to Mr. Karl Everett (Environmental Health and Safety Manager, O -N Minerals). I understand that the Potomac Conservancy has provided copies to members of the Board of Supervisors and the Planning Commission. Additional copies are available from the Conservancy's Winchester office, 19 West Cork St., 667 -3606. My interest in the area has continued since our 2004 project. Under my supervision, another group of Shenandoah undergraduates will begin a second round of studies in Cedar Creek and its watershed next month. The comments that follow are my personal questions and recommendations only; as such, they do not constitute an official position of Shenandoah University. f 1460 University Drive, Winchester, Va' 22601-5 195 1 www.su.edu 0 1. Review evaluations. In regard to the review evaluations listed on pp. 2 -3 of the planning staff report dated March 20, 2006, I am surprised that the VA Department of Environmental Quality (DEQ), the Virginia Department of Game and Inland Fisheries (DGIF), the Virginia Natural Heritage Program, and the Army Corps of Engineers were not invited to review the Chemstone rezoning request. The project has potential impacts on water quality, wetlands, floodplains and terrestrial habitats. uestion: Why weren't any of these agencies part of the review and evaluation process for a 600 - plus -acre rezoning application? Recommendation Staff members in these agencies possess the expertise to identify and evaluate those environmental impacts and then advise the Planning Commission and Board of Supervisors accordingly. These agencies need to be consulted in regard to a project of this magnitude. 2. Environmental protection goals of the Comprehensive Policy Plan. The rezoning application and the report by the Frederick County planning staff makes several references to the Frederick County Comprehensive Plan. Among the elements of the Plan directly referenced are those pertaining to agriculture (Comprehensive Plan, p. 6 -55), mining operations (p.p. 6 -9 -11- 72), rural businesses (p. 6 -60), water supply (pp. 5 -3 -4), historic resources (pp. 2- 11 -13) and transportation (pp. 7 -1). Other relevant portions of the Comprehensive Plan are not addressed. These are provisions (pp. 5 -8 -9) that pertain to environmental quality. They include the following three goals: • Protect the natural environment from damage due to development activity. • Provide for development according to the capacity of the natural environment to carry that development. • Identify and protect important natural resources. Among the implementation methods and proposed actions listed in the Comprehensive Plan (pp. 5 -8 -9, 10 -9) to achieve these goals are: • Avoid development in identified environmentally sensitive areas. • Prohibit uses that damage or pollute the environment. • Continue to require that information on carrying capacity be included with development proposals and use that information to evaluate the impacts of the proposals. uestion: Why are these goals and implementation methods not specifically addressed in the staff report and rezoning application? Recommendation Protecting environmental quality is an essential component of the Plan's primary goal, "to protect and improve the living environment within Frederick County" (p. 1 -1). It is also a worthwhile end for its own sake. Rezoning applications and staff reviews need to include greater attention to these commendable goals when, as in this case, the impacts are potentially substantial. 2 0 0 3. Impact analysis. The rezoning application provides an Impact Analysis Statement by Global Stone Chemstone Corporation dated February 2006. This document draws from the Potential Impact Analysis prepared by Science Applications International Corporation (SAIC) in August 2002 and included as Appendix A. Such analyses should enable the planning staff, the Planning Commission and the Board of Supervisors to determine how well a proposed rezoning or development enables the County to meet the three goals related to environmental protection that appear in the Comprehensive Plan (pp. 5 -8 -9). In fact, the Impact Analysis Statement (p. 4) states that the, "scope of the SAIC study is extensive, and is comparable to that of an environmental assessment (ES) under the National Environmental Policy Act (NEPA)." In my opinion, the Impact Analysis Statement and the appended SAIC study — while informative in many respects — are inadequate in others: a. Lack of limitations on the scope of operations I agree with the planning staff's reservations (rezoning report, pp. 6 -7) about the maximum scope of operations that could take place if the proposed rezoning is approved. Recommendations First, I recommend that maps accompanying the rezoning application shod designate specific areas that will not be disturbed, including not only historic sites but also stream beds, riparian zones, flood plains, steep slopes and distinctive ecological communities. Second, the applicant should be required to guarantee conditions that assure that the impacts resulting from the rezoning (if approved) will be limited to and consistent with those discussed in the SAIC Impact Statement and the additional impacts identified through further analyses I recommend in Item I above, and in Items 3b and 3c below). b. Inadequate analysis of steep slopes, forests and other ecological features on the Northern Reserves The SAIC's Potential Impact Analysis, Section 3.1- Affected Environment (Forests) states: The Northern Reserves property is difficult to access due to lack of roads, steep slopes and heavy vegetation. The site contains a larger Oak- Hickory Forest community ... [and this] site offers a larger and more contiguous forest than the Oak - Hickory Forest on the Middle Marsh property, and likely offers better biotic habitat for the variety of species described above. There are areas of dense Eastern red cedar of the upland portions of this site as well as Eastern red cedar pasture. [emphasis added] However, Global Stone's Impact Analysis Statement (p. 4) states that no steep slopes greater than 50% are present. Although I have not conducted actual slope measurements, a May 2005 kayak trip I made down Cedar Creek past the Northern Reserves, plus my examination of the topographic map and aerial photography, indicates that steep slopes are indeed present on the property. The limestone bluffs and cliffs that rise steeply from Cedar Creek's edge to the uplands above are one of the scenic, although little - known, gems of the Shenandoah Valley. Their ecological characteristics are also noteworthy. Our 2004 investigations at Cedar Creek Battlefield sites approximately a mile from the Northern Reserves showed that the limestone -based slopes and the adjacent forested uplands represent some of the watershed's most diverse ecological communities. Distinctive bluff vegetation includes arborvitae trees (Thuja occidentalis) and the globally imperiled shrub Canby's mountain lover (Paxistima canbyi). The deciduous forests above contain an impressive variety of plant species (over 100 in a single 400 square -meter plot, for instance) including five not previously recorded in Frederick County. Recommendation It is probable that the scenic and ecological characteristics of the Northern Reserves are similar to the areas Shenandoah University investigated in 2004. The Northern Reserves and Middle Marsh properties need to be more thoroughly evaluated, and their environmental features identified. Such areas represent distinctive elements of Frederick County's natural heritage. They are likely to be compromised by the development that would follow the proposed rezoning. These scenic and ecological features need to be afforded the same protection that is proposed for historic resources and for environmental features already identified in the rezoning application. (The latter are discussed on pp. 4 -5 of Global Stone Chemstone Corporation's Impact Analysis Statement.) c. Inadequate Analysis of Potential Impacts on Surface Water The SAIC's Potential Impact Analysis, Section 4- Streams (p. 6) states that an estimated 793 of 10,984 linear feet of stream channel in the Middle Marsh property (i.e., Watson Run and Middle Marsh Brook) could be impacted by quarrying and associated operations such as stockpiles, berms, spoil piles and buildings. A table in the Impact Analysis Statement by Global Stone Chemstone Corporation (p. 4) indicates that 0 of 8,921 linear feet of streams in the Northern Reserves (i.e., Cedar Creek) could be affected. The Impact Analysis Statement further states (pp. 4 -5): Areas for excavation, processing and storage will be located and managed to protect identified environmental features from deleterious impact. ... Moreover, in any case where disturbance is proposed, appropriate mitigation strategies will be employed pursuant to the requirements of the Frederick County Zoning Office and all applicable state and federal regulations. ... Encroachment within riparian areas will be limited [as per the Frederick County Zoning Ordinance] ... which will likely result in a lesser impact on stream areas than projected in the SAIC study. Despite increasing development in the watershed, studies by Shenandoah University and by the Friends of the Shenandoah River show that Cedar Creek's water quality is among the best in the Shenandoah Valley. It is appropriate that the applicant's analyses for the Chemstone rezoning are designed to include the impacts not only of the quarrying itself but also of the associated buildings, roads, stockpiles and so forth. I also appreciate the fact that the applicant intends to limit encroachment in riparian areas. I found it difficult, however, to interpret the small (letter size) aerial photographs I examined that depicted the areas of potential impacts to the two sites. This limited my ability to evaluate discussions provided by the applicant and the planning staff. If the Chemstone rezoning is approved, my concerns are that the eventual impacts on surface water quality and stream habitats could be much greater than those identified in the rezoning application if actual excavation and associated operations extend beyond the areas "projected" and "estimated" by the applicant. If the steep cliffs above Cedar Creek, for instance, are disturbed, the riparian zone and Cedar Creek could be severely compromised. If mitigation and erosion - sedimentation control measures along Watson Run and Middle Marsh Brook are inadequate, these streams could be compromised as well. Q uestions: What government agencies (local, federal, state) will monitor the construction, operation and reclamation of the quarrying operations on these two sites? How often will on -site inspection and environmental monitoring occur? Recommendations First, if the applicant will not limit industrial operations to the type and extent described in the application (see p. 6 of the planning staff's rezoning report, and Item 3a above), then the applicant should evaluate the maximum potential impacts on water quality and other characteristics that could occur after the rezoning, if approved. Second, the applicant should guarantee conditions that assure that the impacts resulting from the rezoning will be limited to and consistent with those discussed in the application. Without these evaluations and guarantees, it does not appear possible to assure that streams and other features on and adjacent to the site will be adequately protected. 4. Impacts on the viewshed of Cedar Creek. Impacts on the viewshed from historic sites and the surrounding community are discussed in several parts of the application materials including the planning staff's rezoning report (pp. 6, 10) and the applicant's proffer statement (p. 2). However, impacts on the viewshed of Cedar Creek itself are not addressed. Cedar Creek's beauty and recreation potential, while they may be under- appreciated, have not gone unnoticed. For instance, Ed Grove's whitewater canoeing guidebook Classic Virginia Rivers (Eddy Out Press, 1992) describes Cedar Creek as, "perhaps the best trip for shepherded novices in the state," and states that an adjacent stream section is "a positively delightful trip for all who love nature ". Fishing occurs at many places along the creek. Recommendation Cedar Creek's beauty and recreation potential should not be compromised. In considering the Chemstone rezoning application, the potential impacts on the viewshed from Cedar Creek should be given the same attention as other viewsheds, as should provisions to avoid damaging the creek's aesthetic and recreational qualities. 5. Mitigating impacts on groundwater — In its proffer statement, O -N Minerals Chemstone Company (Section 5.2, p. 3) agrees to, "remediate any adverse impacts to wells located on surrounding properties caused by mining operations...." uestion: Although I teach environmental science courses, I am not a professional hydrologist. Nevertheless, I am curious about the burden of proof in the event that adjacent wells appear to be affected. Wells run dry for reasons other than adjacent quarrying operations. How will it be determined that impacts to wells are caused by mining operations? Thank you for considering these observations, questions and recommendations. Please contact me if you would like further information. Sin rely, Woodward S. Bousque Professor of Environmental Studies and Biology Coordinator, Environmental Studies Program cc: Mr. Karl Everett, O -N Minerals Chemstone Operation Mr. Chuck Maddox, Patton Harris Rust & Associates Ms. Heather Richards, Potomac Conservancy J Ms. June Wilmot, Frederick County Planning Commission • 6 Mike Ruddy From: Patrick R. Sowers [Patrick. Sowers@phra.com] Sent: Tuesday, April 04, 2006 4:34 PM To: 'Mike Ruddy' Subject: FW: DMME Contact Info u Spencer Stinson.vcf (244 B) Mike, Sorry for the delay in getting this information to you. I left the office early Friday and was out sick on Monday, so I didn't get your message 'until this morning. This is the information Spencer provided me regarding contacts for the State - Patrick - - - -- Original Message---- - From: Spencer Stinson [ mailto :SStinson @global.onco.com) Sent: Tuesday, April 04, 2006 5:20 PM To: Patrick.Sowers @phra.com Subject: DMME Contact Info Willie Cochran, Mine Inspector Phone: 540 -249 -5859 E -mail: wiliie.cochran @dmme.virginia.gov David K. Benner, Mine Phone: 804 - 739 -8052 E -mail: dkb @mme.state Inspector Suprevisor va.us Spencer C. Stinson General Manager O -N Minerals (formerly known as Global Stone) Chemstone Operation 1696 Oranda Road P.O. Box 71 Strasburg, VA 22657 540 -465 -6819 sstinson @onco.com 1 COUNTY of FREDERICK Department of Public Works 540/665 -5643 FAX: 540/678 -0682 March 27. 2006 Mr. Patrick Sowers Patton Harris Rust & Associates, p.c. 117 E. Piccadilly Street Winchester, Virginia 22601 RE: Chemstone Rezoning Frederick County, Virginia Dear Patrick: The revised proffer statement furnished to this office on March 21, 2006, has adequately addressed our rezoning comments dated June 29, 2005. Therefore, we grant our approval for the subject rezoning assuming that any impacts are mitigated as indicated in the revised proffer statement. Sincerely, ef Harvey E. Strawsnyder, J� P.E. Director of Public Works! HES /rls cc: Mike Ruddy, Planning and Development file C:AProgram RICON'ordPerfeet Office 11'Sihonda \TEMPCODr \4ENTSVCI I ENISTONCRUPROSTAT)IT.w pd 107 North Kent Street • Winchester, Virginia 22601 -5000 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665.5651 FAX: 540/665 -6395 January 24, 2006 Mr. Charles E. Maddox, Jr. PHR &A 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Re: O -N Minerals (Chemstone) Rezoning Application. Dear Chuck: The O -N Minerals (Chemstone) Rezoning application submitted to this office on Friday, January 20, 2006 is enclosed and is being returned to your office. As presently submitted, the application is incomplete. The application, in its current form, fails to fully identify the impacts associated with the rezonmg request. The concerns of the County Engineer regarding the hydrological, geological and secondary impacts of the rezoning have not been addressed. Approval from the County Engineer should be obtained prior to re- submittal. In addition, the comments offered by the Historic Resources Advisory Board (HRAB) should be more adequately addressed. Particular attention should be paid to the first two comments offered by the HRAB, which are provided to ensure that the potential impacts of the rezoning application are fully understood and that appropriate measures are taken to ensure that mitigation of any impacts are addressed. Further, that the mitigation of the impacts are incorporated into the applicant's proffer statement. The efforts to address the anticipated impacts that have been incorporated into the Proffer Statement are not sufficient to guarantee the mitigation of their potential impact. At such time the application has been revised to more thoroughly address the impacts associated with the request, through coordination with the entities identified by the HRAB and with the approval of the County Engineer the County would be in a position to move forward with the acceptance of this application. Presently, staff is not supportive of this request based on the content of the application. However, the County does look forward to working together with the applicant to advance a positive rezoning application that addresses the impacts associated with the request and is a positive enhancement to the County. Please feel free to contact me if you have any further questions. Sincerely, / Michael T. Ruddy, AICP Deputy Director cc: Mr. John R. Riley, Jr., County Administrator Attachments MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 ABSENCE OF PINK U.S. • NO. 498013 56 -382/412 Walls Fargo Bank N.A. 115 Hospital Ddve Van Wart, M 45891 CHECK DATE CHECK AMOUNT 1/20/2006 1 $ * * ** *72,150.00 J BOX 220u �� z CHESTER VA 22604 AUTHORIZED SIGNATURE SIGNATURE PR EA CONTAINS A KNIGHT& FINGERPRINT CHECK VGRDING qi u•►,980131" 1:041203824I: 960❑❑5493Sill PA. ENT NUMBERS UNDER SIGNATURE INOICATES CHECK IS FRAUDULENT. PATENT NUMBERS ARE PRINTED WITH HEAT SENSITIVE INK & WILL DISAPPEAR WHEN BLOWING OR RUBBING FOR REVIEW AND APPROVAL OF THE CHEMSTONE - MIDDLETOWN PROPERTY Back Creek Magisterial District January 2006 Prepared by: Patton Harris Rust & Associates, pc 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone: 540 -667 -2139 Fax: 540-665-0493 P ((3 SANE) *ANY 696 ORANDA ROAD.. 22657 0071 "° sr h iusand `One Hundred Fifty and 00/ 1_ HE ORDER OF,; _`ca> e JAN 2 0 2006 E REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: O -N Minerals (Chemstone) Telephone: 540- 465 -6819 Address: 1696 Oranda Road P.O. Box 71 Strasburg, Virginia 22657 2. Property Owner (if different than above) Name: Telephone: Address: 3. Contact person if other than above Name: Charles E Maddox Jr.. P.E. (PHR +A) Telephone: 540- 667 -2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 0 0 5. The Code of Vireinia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: O -N Minerals (Chemstone) 6. A) Current Use of the Property: B) Proposed Use of the Property: Undeveloped 7. Adjoining Property: See Attached PARCEL ID NUMBER USE ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The subject parcels are situated generally west of the Town of adjacent to Middletown. Specifically, the Middle Marsh Property is located east and Belle View Lane (Route 758), and west and adjacent to Hites Road Route 625), and is further traversed by Chapel Road (Route 627). The (Northern Reserve is bounded to the south by Cedar Creek, and is west and adjacent to Meadow Mills Road (Route 624). 2 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) kAowledge. Applicant/ / �/J/� -- Date Owner ,8 inerals (Chemstone) 4 ADJOINERS CHEMSTONE - MIDDLETOWN Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2 nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN Name: Keith A. & Linda A. McNeely 443 Westernview Dr Property #: 84 -6 -10 Middletown, VA 22645 Name: Mark A. & Karen Griffith 411 Westernview Dr Property #: 84 -6 -9 Middletown, VA 22645 Name: Fred & Shirley Potter 379 Westernview Dr Property #: 84 -6 -8 Middletown, VA 22645 Name: Steven M. & Deborah M. Miller 357 Westernview Dr Property #: 84 -6 -7 Middletown, VA 22645 Name: Donald J. & Donna W. Hopkins 325 Westernview Dr Property #: 84 -6 -6 Middletown, VA 22645 Name: Lawrence E. & Wendy J. Hamilton 277 Westernview Dr Property #: 84 -6 -5 Middletown, VA 22645 Name: Jeanne Rape & Shellie L. Sellards 241 Westernview Dr Property #: 84 -6 -4 Middletown, VA 22645 Name: Kevin D. & Elizabeth M. Barrington 205 Westernview Dr Property #: 84 -6 -3 Middletown, VA 22645 Name: Gary S. & Dale A. Nichols 1405 Handley Ave Property #: 84 -A -7 Winchester, VA 22601 Name: Richard A. & Janet S. Dye 11310 Vale Rd Property #: 84 -A -12 Oakton, VA 22124 Name: H & E, LC 1832 Chapel Rd Property #: 84 -A -17 Middletown, VA 22645 Name: Jennifer L. Nichols 1875 Hiles Rd Pro ert #: 84 -A -17A Middletown, VA 22645 Name: Edith M. Renner 152 Veterans Rd Property #: 91 -A -7 Middletown, VA 22645 5 Name: Garrett Farms, LLC 508 Veterans Rd Property #: 84 -A -16 Middletown, VA 22645 Name: Timothy D. & Lisa M. Rickman Rt 1, Box 695 Property #: 91 -A-7A Swords Creek, VA 24649 Name: Carlton R. Boyer 156 N Eberly St Property #: 83 -A -107 Strasburg, VA 22657 Name: Carlton R. Boyer 156 N Eberly St Property #: 83 -A -1088 Strasburg, VA 22657 Name: Dennis F. Boyer 165 Drover Ln Property #: 83 -A -1086 Middletown, VA 22645 Name: Deborah R. Dorman 9345 River View Rd Property #: 83 -A -106 Broomes Island, MD 20615 Name: Rock Builders, Inc P.O. Box 1146 Property #: 83- A -103B Berryville, VA 22611 Name: Garrett Farms, LLC 508 Veterans Rd Property #: 90 -A -20 Middletown, VA 22645 Name: Richard A. McDonald 470 Meadow Mills Rd Property #: 90 -A -30 Middletown, VA 22645 Name: Meadow Mills Union Chapel RR 1 Box 446 Property #: 90 -A -29 Edinburg, VA 22824 Name: Joseph L. & Frances Kenny 516 Meadow Mills Rd Property #: 90 -A -29A Middletown, VA 22645 Name: Thomas G. II & Cornelia E. Lekas 535 Meadow Mills Rd Property #: 90 -A -28 Middletown, VA 22645 Name: Albert H. Hodson 536 Meadow Mills Rd Property #: 90 -A -27 Middletown, VA 22645 Name: National Trust for Historic Preservation 1785 Massachusetts Ave NW Property #: 90 -A -33 Washington, DC 20036 Name: Malcom & Mildred G. Brumback 420 Belle Grove Rd Property #: 90 -A -26 Middletown, VA 22645 Name: Barry L. Bowser P.O. Box 221 Property #: 90 -A -25 Middletown, VA 22645 REZONING: PROPERTY: RECORD OWNER APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE (S): 0 0 PROPOSED PROFFER STATEMENT RZ.# Rural Areas (RA) to Extractive Manufacturing (EM) 691 acres + / -; Tax Map Parcels 83 -A 109 & 90-A-23 (the "Properties ") O-NMinerals (Chemstone) Corporation O-NMinerals (Chemstone) Corporation Chemstone - Middletown June 13, 2005 January 16, 2006 The undersigned hereby proffers that the use and development of the subject property (Property, as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been trade prior hereto. In the event that the above referenced EM conditional rezoning is not granted as applied for by the applicant (`Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properly with "final rezoniq defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the"Board) decision granting the rezoning may be contested in the appropriate court. If the Boards decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant' as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan; shall refer to the plan entitled "Generalized Development Plan, O-N Minerals (Chemstone)' dated June 13, 2005 (the "GDP "), and shall include the following: Land Use 1.1 The Property shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining (DM" of the Virginia Department of Mmes, Mmerals and Energy, and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. Proffer Statement 2. Site Development • Chemstone - Middletown 2.1 Site access via public secondary roads shall be limited to the existing quarry entrance on McCune Road (Route 757). 2.2 Distance buffers shall be provided along the perimeter of the Properties in addition to those required by the Zoning Ordinance. The depth of said buffers shall be determined at the time of site plan submission, and will vary based upon the topography of the site boundary. 2.3 Earthen berms installed around active quarry pits shall be landscaped to minimize impacts to the viewshed of the surrounding community. Such landscaping shall consist of a mix of deciduous and coniferous plantings placed in a random manner in order to be consistent with existing vegetation patterns. Said berms shall be limited to a maxim height of 30 feet. 3. Historic Resources 3.1 The Applicant shall create an eight acre historic reserve as shown on the GDP, within which archeological resources associated with Belle Grove Plantation have been identified. Said reserve shall be dedicated to the Belle Grove Foundation within one year of final rezoning. 3.2 The Applicant shall complete a Phase I Archeological Survey of the Property, to include the site of Nieswander Fort within one year of final rezoning. 4. Rights to Water Supply 4.1 The Applicant shall guarantee the Frederick County Sanitation Authority (FCSA) rights to the groundwater resources available on the Properties in accordance with existing agreements negotiated between the Applicant and FCSA. SIGNATURES APPEAR ON THE FOLLOWING PAGES January 16, 2006 Page 2 of 3 Proffer Statement Rcspectfullp submitted, O -N MINE _ 1LS (CHIT ISTOI t 3) CORPORATION By: c! Datc: STATE OF VIRGINIA\, AT L FREDERICK COUNTY, To-wit: • Chemsrone - Middletown 7 -!h I'lie foregoi `l ) C' o'r imstrume�t was acknowledged bcfoie me this 2G day of CP C r 2006, by Y � `7 ±if1SOn NIy commission cspues AOrJ �G�2Co Notaty Public � �1( Q��j �- ��Llc'y��'7Z January 16, 2006 Puce 3 of 3 COUNTY of FREDERICK Department of Public Works 540/665 -5643 FAX: 540/678 -0682 Mr. Patrick Sowers Patton Harris Rust & Associates, p.c. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Chemstone - Middletown Rezoning Frederick County, Virginia Dear Patrick: We have completed our review of the proposed rezoning from RA to EM and offer the following comments: Refer to page 4, Environmental Features: The discussion indicated that an environmental report prepared by Science Applications International Corporation (SAIC) was included with the impact statement as Appendix "A ". A copy of this report was not included with our submittal. Please provide us with a copy of this report for our review. 2. Refer to page 6, Soils /Geology: The geology discussion should be expanded to include hydrogeology and the impact of the project on the local groundwater. In particular, the proposed expansion of the mining operation will be close to existing residential subdivisions which rely on groundwater wells for their water supply. General: The impact analysis has not addressed one very important item related to a rezoning from RA to EM. That item is the impact or effect of blasting on adjacent residential buildings. This issue should also be expanded to include the impact of dust on adjacent residential dwellings. I can be reached at 722 -8214 if you should have any questions regarding the above comments. Sincerely. t arvey E. awsnyder, Jr., P.E. Director of Public Works HES /rls cc: Planning and Development file A Achemslone rezcom.wpd 107 North Kent Street • Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 January 3, 2006 Mr. Chuck Maddox, Jr. P.E. Patton Harris Rust & Associates, pc 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: O -N Minerals (Chemstone) Rezoning Proposal Location: The subject parcels are situated generally west and adjacent to the Town of Middletown. Property Identification Numbers (PINs):53 -A -90, 91 Zoning District: RA (Rural Areas) Dear Mr. Maddox: The Frederick Countv Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of December20, 2005. The HRAB reviewed information associated with the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley information provided by the applicant as well as information provided by various groups that were in attendance of the meeting. Historic Resources Advisory Board Concerns The 1992 National Park Service Studv of Civil War Sites in the Shenandoah Valley shows a portion of the property in question as being located within the core battlefield of the Battle ofCedar Creek and the property (691 acres) also contains the site where the Nieswanger Fort once stood. It is the intent of the applicant to rezone this property to the EM (Extractive Manufacturing) Zoning District to accommodate the expansion of the quarry operation. The HRAB expressed concern that the proposed rezoning was not protecting the viewshed ofthe battlefield and the Belle Grove property as well as the archeological resources present on the Cedar Creek Battlefield and the site of the Nieswanger Fort. The HRAB felt that the applicant still needs to address many issues with this rezoning before it should be considered by the Planning Commission and Board of Supervisors. The HRAB could support the approval of this project if the following suggestions are considered in order to mitigate impacts on the historic resources: A Phase I Archeological Survey needs to be done on the site, focusing on core battlefield areas and the site of the Nieswanger Fort. If warranted by the Virginia Department of Historic Resources_ subsequent studies should be performed. (Phase II /III). A detailed Viewshed Mitigation Analysis /Plan needs to be completed thatwill show the effectsof the new quarry operation from key points (critical areas and views /pull -offs to be determined by the National Park Service, Belle Grove and the Cedar Creek Battlefield Foundation). Thisiplan needs to be completed before any land disturbance is allowed on the site and implementation of any 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 Mr. Chuck Maddox Re: O -N Minerals Rezoning Proposal January 3, 2006 Page 2 suggestions that may result from the plan should be given a proffered timeline. In addition, the viewshed study should also ensure that views from Chapel Road are not impaired. • Cedar Creek should be bridged so that quarry trucks can use this route instead of going through historic Middletown and passing by the Belle Grove entrance. • The conveyer system being discussed should be studied further to ensure that it does not impact the viewshed or create noise issues. The amount of traffic this system will alleviate should be provided as well. The applicant should propose a plan for the conveyer system that will not have a huge visual impact on the surromtding landscape. • A timeline for the removal of the existing stockpile of dirt (overburden) that can be seen from the Cedar Creek Battlefield needs to be provided with this proposal. • Strategic landscaping needs to be looked at, as well as preserving natural existing landscaping, as opposed to high berms to try to screen the operation. A detailed landscaping study needs to be done for the site. • The location for the overburden from the new quarry operation needs to be provided so large piles of dirt similar to the current operation are not present, maximum elevations for new be need to be proffered. A documented plan for any new berms and overburden stockpiles needs to be provided. • Perimeter fencing and lighting details need to be provided so that they do not affect the adjacent historic uses. • The proffers provided to the HRAB included an eight acre reserve for Belle Grove. The proffer states that, "Said reserve shall be set aside for future dedication to Belle Grove Foundation ". This proffer includes no timeline for the dedication of the property and as provided, the dedication could never happen. A specific timeline for the dedication of this property needs to be provided to ensure that the Foundation is given this property. Please contact me with any questions concerning these comrueitts from the HRAu. Sincerely, Candice E. Perkins Planner Il CEP /bad cc: Rhoda Kriz, Harold Lehman, HRAB Members Bill Ewing, Opequon District Supervisor Mike Ruddy, Deputy Planning Director Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Bernie Mark Susan Eric Mike Kevin John COMMENTS: Received by Clerical Staff (Date & el, - -- rPE NTIAL IMP —` . AT IONS AT 7 MIDD 1 x >11 RESERVj S PROPERTIES ..0 - r y :�:y •114881+ � q �.k,! t r S �s Prepared for G.W. Cliffgrd Assocjates, Inc. 117 E. P,iccadMy Street, Suite 200 Winchester, Virginia 22601 ok Prepared by RSH AND I l i x cience Applications ] nt Business..P �� i � - f - �+�... �,. • Wes 'i 4 i August 2002 er Corporation a,�y South, Suite 1 ", nster, Mat 7 �1 r 1h'' \ , R •. ���'� 1 i % k;' OrO��D' p j 1 '9 C Z jy'�i. v. O +' ' ., w m�D b 1I�Un�WLW4,f1 Or IVr J: A... q\ t�Y }��'•t �•`• � \ -7 eY G l .d `C A 9d. < , ;gyp � �f. �� }" • �. a +4 X. M4l Sd± .`v �� 1 � gg' :. rf1 `S },W, c t .� $�'.- ' off` • a � \ ' k4a J [n .e< ° ✓t� •.,fie , �' \off• . ' low \\ , •"f F \ t yA � 3� / 'max. s x < ' ' "} 4 f ja liy f �?:a� W • eT Y M �II � � � a � p' �` y ,✓ < a L �a � � v� �`� � Ar ' �.. ` �Q_y'�a�fJ�D C'1 !, • i'�L. L . Q'n .A .� ( �� .pw��� �Y?` C 8 E •. f DD \. � M • / ,k' q 1p y' 4l2 Z c� NN1 1�1f r. ,p •s' � D S k.. •'tic{ . '� L / y ,�QO> ". ' .` ,�.t ' , "`5 ° ..f Ok A of � .> ,�� ,r. �o o \ �i� "'�' x tr��, �,� m ^n �S vr•. my � O 'b�� ` '� t . r �� � " >5 '� '�,� �`� agRR gar rd 2 t �i. a` Z + „ \ m 0 —N MINERALS (CHEMSTONE) GENERALIZED DEVELOPMENT PLAN 4 FREDERIC COUW NRG/N[A Patton, Harris, Rust & Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 KN IwH ;unaw �,�romaca ssro —sss (ors) :xvi 62LZ —cs9 (ors) L09ZZ Wfu!A'JORIPUA 7S NWW 111 L NV& 1N3nd073A-7G 03Z17V&3N30 od 'sa }oioossy ?R }snd 'swoH 'uo}}od (3NO1SW3HO) S7VY3N /W N -0 lam, \ �. �° '►+' � y�'\�ir � � � �:' yet *. ``'. ,$ ! /.° . `•. . ]r rsf o O; .!'. � \ fir•, ., � .,. � \ „s'. 6404 ' � '` is •Ta 'A qi'�P /' ; ��'S f.. ���� � �L - /�+��.a � vva,: +��4, c���� ' Q 2 Sp.'s \, /'. • / ✓ i i �� - \ � ` � C k (.�, ��'� W F— c: r p Z(1) {: 13 W "N Q -- /� ION x _ Y { J \' O Z p Z V O ,* R' W a' p t ppp - y' P.O. Box 562 /Y Middletown, VA 22645 Preservefrederick @yahoo.com llJ an s� (/ LLL / www.'reservefrederick.org August 31, 2007 Mr. John Riley Frederick County Administrator 107 N. Kent Street Winchester, VA 22601 Dcar.Mr. Riley, �� rr- - 11 SEP 5 2007 'aErNT I want to thank you, Mr. Ruddy and Mr. Lawrence for meeting with Anne and me today regarding the #03 -06 O -N Minerals (Chemstone) application. We appreciate you reviewing our proposal and offering input on how to proceed. We have sent a certified/registered letter this afternoon to the CEO, CFO and Senior Vice President of Operations of Olgebay Norton in Cleveland. We requested that we receive a response by September 17`". We are also sending copies of the letter and proposal to you, the Board of Supervisors, Mr. Ruddy, Mr. Lawrence and the Preserve Frederick Board of Directors. We will call you as soon as we get a response from Olgebay Norton. If you have any questions regarding this proposal or anything else, please feel free to contact me at 540 - 869 -5024 or you can email me at wihmadd84@aol.com Sincere .y; ) Wendy Hami on cc. Eric Lawrence, Frederick County Director of Planning Michael Ruddy, Frederick County Deputy Planning Director Preserve Frederick promotes compatible development that strengibens our communities, protech our butoric and natural resources, and preserves the rural character of Frederick County, Virginia n 1 Tz i i i August 31, 2007 49 Fier(rr�rk P.O. Box 562 Middletown, VA 22645 preservefrederick @yahoo.com www. preservefrederick.org Mt. Michael J. Minkel Senior Vice President, Operations Oglebay Norton Company 1001 Lakeside Avenue, 15 Floor Cleveland, OH 44114 Dear Mr. Minkel, I am writing on behalf of concerned citizens in southern Frederick County, Virginia, regarding your company's (O -N Minerals — Chemstone) pending application for a rezoning of 639 acres near Middletown from agricultural to extractive manufacturing uses. The rezoning was denied on June 7, 2006 by the Frederick County Planning Commission and is pending before the County Board of Supervisors. I More than 14 months ago, company officials agreed to amend the application to address concerns raised by the planners and residents about the scope and scale of the rezoning and Ithe potential impacts of greatly expanded mining and other industrial uses at that location. To encourage resolution of the rezoning issue, Preserve Frederick, a non -profit local citizens group, offers the attached alternative plan for your consideration. This, alternative rezoning plan was designed to accomplish four goals: • Significant mining rights are retained. • Historic resources are preserved. • Natural resources are protected. • Traffic, dust and noise problems are addressed. Our local elected officials and county staff have encouraged Preserve Frederick to send you this _alternative plan. It was well- received by all of the major stakeholders affected by the rezoning, including adjacent landowners, battlefield preservation groups and the National Park Service, and the Greater Middletown Business Association. We believe it balances the needs of your company with those of the community. For this reason, we are unlikely to be able to gain local support for any major changes to the attached alternative rezoning plan. i We ask that you please review this alternative plan and the attached letter of county recommendations dated January 3, 2006 from planner Candice E. Perkins and respond to Preserve Frederick by September 17, 2007 I Preserve Frederick promotes compatible development that strengthens our communities, protects our hutoric and natural resourres, and preserves the rural character of Frearrick County, Virginia. r Specifically, please let us know 1) If your company is willing to amend the rezoning application to reflect the terms in this alternative plan or 2) If your company finds the alternative plan an unacceptable option for the property. Thank you for your attention to this matter. We look forward to working with you and your company to end the long delay in resolving the Middletown mining rezoning. Sincerely, Wendy Hamilton President CC. Michael D. Lundin, President and Chief Executive Officer, Oglebay Norton Julie A. Boland, Vice President, Chief Financial Officer & Treasurer, Oglebay Norton Frederick County Board of Supervisors John Riley, Frederick County Administrator Eric Lawrence, Frederick County Director of Planning Michael Ruddy, Frederick County Deputy Planning Director Preserve Frederick Board of Directors r • • Reasonable Alternatives to O -N Minerals Application #03 -06 ELIMINATE FROM APPLICATION • All of Parcel # 83 -A -109 • All other uses in Extractive Manufacturing Zoning ADDITIONS TO REZONED PARCEL #90 -A -23 • Large buffers on Cedar Creek and neighbors • No disturbance in buffers • Soil erosion plan in mining area • A biological study on an environmentally sensitive area • All requested proffers in 1 -03 -06 Historic Resources Advisory Board letter written by Candace Perkins to O -N. (See letter) Alternative to the O -N Minerals rezoning application for 639 acres near Middletown: rezone only Parcel 90 -A -23 from agriculture to extractive manufacturing, subject to following restrictions: • Restrict limestone mining to "Disturbance Area" marked on map above. • Extinguish all other land uses permitted in the extractive manufacturing zoning category. • Preserve buffers on Cedar Creek and adjoining landowners, with no soil or other disturbance within the buffer. • Implement a soil erosion control plan on dirt mounds created by mining. • Adopt the recommendations for control of traffic, dust, noise and visual impacts contained in the Frederick County Planning Department review of the O -N Minerals rezoning application. • Withdraw application to rezone Parcel 83 -A -109. Alternative: Middletown Mining Rezoning Benefits of Middletown Mining Rezoning Alternative Significant Mining Rights Retained: O -N Minerals facilities in Frederick County represent just 10 percent of the company's known limestone reserves. Combined with existing operations, limestone on Parcel 90 A 23 (southern portion of map) would support mining operations for at least 30 years. j Historic Resources Preserved: The historic resources associated with the Battle of Cedar Creek are concentrated on Parcel 83 A 109 (northern portion of map). Historic resources on the southern parcel are already impacted visually by the existing limestone mining ( operation. Natural Resources Protected: Properly designed buffers on the southern parcel can greatly reduce, mitigate or eliminate the impacts on Cedar Creek and rare plant and animal species upland. Traffic, Dust, Noise Addressed: County staff recommendations would greatly reduce, mitigate or eliminate these impacts. CouNTY of FREDERICK Department of Planning and Development 840/666.6611 FAX: 840/6654393 January 3, 2006 Mr. Chuck Maddox, Jr. P.E. Patton Harris Rust & Associates, pc 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: 0.N Minerals (Chemstone) Rezoning Proposal Location: The subject parcels are situated generally west and adjacent to the Town of Middletown. Property Identification Numbers (PINs)t53 -A -94, 91 Zoning District: RA (Rural Areas) Dear Mr. Maddox: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of December 20, 2005. The HRAB reviewed information associated with the 1992 National Park Service Study of Civil War Sixes in the Shenandoah ValleY information provided by the applicant as well as information provided by various groups that were in attendance of the meeting. Historic Resources Advisory Board Concerns The 1992 National Park Service Srudv of Civil War Sites in the Shenandoah Valley shows a portion of the property in question as being located within the core hattiefield of the Battle of Cedar Creek and the property (691 acres) also contains the site where the Nieswanger Fort once stood. It is the intent of the applicant to rezone this property to the EM (Extractive Manufacturing) Zoning District to accommodate the expansion of the quarry operation. the HRAB expressed concern that the proposed rezoning was uul proteQting the viewshed of the battlefield and the Belle Grove property as wall as the archcologicai r esouroes present on the Cedar Croak Battlefield and the site of the Nieswanger Fort, The HRAB felt that the applicant still needs to address many issues with this rezoning before it should be considered by the Planning Commission and Board of Supervisors. The 14RAB could support the approval of this project if the following suggestions are considered in order to mitigate impacts on the historic resources: • A Phase I Archeological Survey needs to be done on the site, focusing on core battlefield areas and the site of the Nieswanger Fort. if warranted by the Virginia Department of Historic Resources, subsequent studies should be performed. (Phase 11411). • A detailed Viewshed Mitigation Analysis /Plan needs to be completed that will show the effects ofthe new quarry operation from key points (critical areas and views /pull -offs to be tim mitred by the National Park Service. Relie C4rnve and the Cedar Creek Battlefield Foundation). This clan needs to be completed before any land disturbance is allowed on the site and im y of any 107 North Kent Street, Suite 202 • Wtnchester, Virginia 22W'L -5000 2 Mr, Chuck Maddox Re, O.N Minerals Rezoning proposal January 3, 2006 Page 2 suggestions that may result from the plan should be given a proffered timeline. in addition, the viewshad study should also ensure that views from Chapel Road are not impaired. a Cedar Creek should be bridged so that quarry trucks can use this route instead of going through historic Middletown and passing by the Belle Grove entrance. • The conveyer system being discussed should be studied further to ensure that it does not impact the viewshed or create noise issues. The amount of traffic this system will alleviate should be provided as well. The applicant should propose a plan for the conveyer system that will not have a huge visual impact on the surrounding landscape. • A timeline for the removal of the existing stockpile of dirt (overburden) that can be seen from the Cedar Creek Battlefield needs to be provided with this proposal. • Strategic landscaping needs to be looked at, as well as preserving natural existing landscaping, as opposed to high berths to try to screen the operation. A detailed landscaping study needs to be done for the site. • The location for the overburden from the new quart operation needs to be provided so that large piles ( of dirt similar to the current operation are not present, maximum elevations for new berms need to be proffered. A documented plan for any new berms and overburden stockpiles needs to be provided. e perimeter fencing and lighting details need to be provided so that they do not affect the adjacent historic uses. • The proffers provided to the HRAH included an eight acre reserve for Belle Grove. The proffer states that, "Said reserve shall be set aside for future dedication to Belle Grove Foundation ". This proffer includes no timeline for the dedication of the property and as provided, the dedication could never happen. A specific timeline for the dedication of this property needs to be provided to ensure that the Foundation is given this property. Please contact me with any questions conaerning these oomnwnts from the HRAB. SI rely, pp� Candice E, Perkins Planner n CEP/bad cc: Rhoda Kriz, Hamid Lehman, HRAB Members Bill Ewing, Opequon District Supervisor Mike Ruddy, Deputy Planning Director