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HomeMy WebLinkAbout01-11 Impact AnalysisCARMEUSE - CLEARBROOK REZONING IMPACT ANALYSIS STATEMENT January 2011 Revised 19 May 2011 A. INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the conditional rezoning of parcels 44- A -83A, 44 -A -83 and a portion of parcel 33 -A -144 which total approximately 92 acres. The subject parcels are situated on the east side of U.S. Route 11, 1,050 ft. south of Hopewell Drive. The property extends from the Clearbrook Park property on the north, south to near the Walters Mill Road intersection with U.S. Route 11. The northern site is a 44 acre portion of the current Carmeuse property which is zoned EM. Parcels 44 -A -83 and 44 -A -83A of 48 acres lie to the south. The subject acreage is currently zoned RA (Rural Areas). This application proposes the rezoning of the 92 acres from RA to the EM (Extractive Manufacturing) District. Carmeuse NA Corporation's ( "Carmeuse ") existing Clearbrook plant and quarries are located adjacent to the subject properties. The property containing these existing facilities is zoned EM. The subject acreage contains mapped deposits of chemical grade limestone, the extraction of which is critical to the continued viability of the established quarry operation. Indeed, the mineral -rich nature of the properties and their value for future extraction activities was identified years ago when the northern half of the property was acquired and this acreage has remained in the ownership of mining interests ever since. The southern parcel was recently purchased to preserve the rights to the limestone below. The requested rezoning will enable the appropriate use of the subject acreage consistent with its unique geological attributes, which will thereby assure the continued vitality of the Carmeuse Clearbrook operation. The contents of this report will outline the role of the subject acreage in future Carmeuse operations and further identify anticipated impacts as well as those strategies necessary for effective mitigation. The applicant is confident that the proposed rezoning includes a proffer program that will appropriately and effectively mitigate identified impacts. As such, we believe this rezoning request merits favorable consideration and approval. B. COMPREHENSIVE POLICY PLAN The subject acreage is not located within the boundaries of any small area study or land use plan included in the Comprehensive Policy Plan. The properties are also located Impact Analysis Statement 0 9 Carmeuse - Clearbrook outside of the Sewer and Water Service Area (SWSA) and the area is identified as appropriate for office and industrial uses. The Proposed Office and Industrial Areas policies of the Comprehensive Policy Plan are relatively silent concerning natural resource extraction. C. SUITABILITY OF THE SITE State Regulation of Mineral Mining Operations The Code of Virginia requires the issuance of mineral mining permits for all mining operations within the Commonwealth. Mineral mining permits are issued by the Division of Mineral Mining (DMM) of the Virginia Department of Mines, Minerals and Energy pursuant to the Mineral Mining Law and Reclamation Regulations for Mineral Mining. To obtain a permit or add acreage to a mine operating under an existing permit, a plan of operation /mine permit map must be submitted for DMM approval and updated annually. The DMM possesses the authority to regulate an array of technical and operational issues through the permitting process and regular mine inspections. Issues controlled by the DMM include, but are not limited to, the following: grading and stabilization of quarry pits and berms, drainage, erosion and sediment control, screening of mine operations, blasting operations, and final reclamation and stabilization of the site. The Clearbrook quarry currently operates under mining permit number 07114AB. Should this rezoning be approved, the expansion of the mining operation to include the subject acreage would necessitate amendment of the existing permit. To secure DMM approval, the amended permit must be accompanied by a revised plan of operation /mine permit map demonstrating effective impact mitigation and conformance with state mining regulations. Scope of Proposed Use The majority of the limestone ore quarried at the existing Clearbrook site is processed and distributed directly from the Clearbrook site. The scope of the EM use at the Clearbrook site will continue to involve overburden removal, controlled blasting and ore extraction, crushing of ore for transport and the loading of materials for transfer. The proposed rezoning allows for an extension of the existing quarrying activities from the existing operation to the subject property. An extensive network of earthen berms will be installed to screen the Route 11 corridor including those residents adjacent to the subject property from the active mining activities. The berms will be planted with landscaping suitable for all season screening. Trees will be planted within one year from the date of unappealable zoning approval in the places identified on the plat attached to the proposed Proffer Statement as Exhibit 2. Site and Land Use History The subject properties contain significant limestone deposits that are recognized for their exceptional purity and consistency. For many years limestone ore has been Impact Analysis Statement 1.0 0 Carmeuse - Clearbrook extracted and processed via the existing Clearbrook quarry facilities, which are located adjacent to the subject acreage. These facilities serve a diverse array of industrial, environmental, and municipal markets with four primary product groups - high calcium quicklime, hydrated lime, chemical grade limestone, and construction aggregates. The applications for these products are numerous, but most notably involve agriculture, pollution reduction technologies, national defense infrastructure, road building, and food processing. The existing Clearbrook quarry facilities have been in active operation since the 1950's under various ownership interests, and were acquired by Carmeuse NA from Chemstone Corporation in 2008. As noted in the introductory section of this report, the acreage proposed for rezoning is adjacent to the current operation and has been controlled by mining interests for the past forty years, which has assured the availability of extensive limestone ore reserves for eventual extraction. Thus, although the zoning of the subject acreage has remained RA, the acreage has historically been reserved for extractive manufacturing as its intended use. The uneventful history of quarry operations in the Clearbrook area has demonstrated the ability of such facilities to amicably co -exist with nearby residents and land uses. The quarry companies have endeavored to meet with local residents and businesses over the years to ensure concerns are known. Such meetings have allowed compatibility issues to be identified and addressed proactively, thus ensuring the operation of extractive manufacturing uses with minimal impact to the surrounding community. These meetings will continue to serve a vital role in assuring that dialogue between Carmeuse and the community is on -going and constructive. Environmental Features The subject parcels of 92 acres contains no known environmental features. Of the total acreage proposed for rezoning, it is projected that actual excavation will involve approximately 55 acres, or only 60% of the area to be rezoned. Areas adjoining the quarries will be devoted to storage of said materials as well as discarded earth. Areas for excavation and storage will be located and managed to minimize impacts to surrounding properties. Moreover, in any case where disturbance is proposed, appropriate mitigation strategies will be employed pursuant to the requirements of the Frederick County Zoning Ordinance and all applicable state and federal regulations. Soils /Geology The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Oaklet - Carbo - Chilhowie soil association. The following table identifies the multiple soil types present on each property: N Impact Analysis Statement 0 6 Carmeuse - Clearbrook (Man Sheets 19. 24 and 25 of Soil Survev) Map Symbol Soil Name Slopes (range) Percent of Site 7C Carbo Oaklet Rock Outcrop 2 to 15% 38.6% 32B Oaklet Silt Loam 2 to 7% 37.4% 6C Carbo Oaklet Silt Loam 2 to 15% 21.6% 34 Pagebrook Silt Loam 0 to 15% 2.4% The majority of the soil types comprising the subject acreage are not considered prime farmland. Soils 32B ( Oaklet Silt Loam) are listed as prime farmland in the soil survey, however, these soils lie along the U.S. Route 11 right -of -way and are not in the quarrying area. These areas will be used for berm construction and landscaping to screen the operations site. Being along Route 11, these areas would, in all likelihood, not be suitable for farming. The residentially developed areas along Route 11, the fairgrounds and Stonewall Elementary School all lie on Oaklet soils. The purity and consistency of the limestone deposits found in soil groups 6C and 7C, that underlie the subject properties, constitute the ideal geologic conditions for extractive manufacturing use. The characteristics of the identified soil types and any implications for site development are manageable through the site engineering process. Access/Transportation Public road access will be provided to the rezoned parcel. All traffic will continue to use the existing entrances on Brucetown Road, VA Route 672. It is not expected that the rezoning will result in an increased trip generation as production is a factor of demand and not available reserves. As no increase in trips would result, there is no requirement for a Traffic Impact Analysis. Initial discussions with VDOT indicate that the entrance configuration is adequate for anticipated traffic volumes. D. SEWAGE CONVEYANCE AND WATER SUPPLY The Clearbrook facility is served by a private system for on -site sewage disposal. No additional sewage facilities will be required by this rezoning. Industrial use water supply for the Clearbrook facility is obtained by quarry pit de- watering, which occurs through the mining process. This source will provide sufficient supply and pressure for the expanded mining use, to include dust control in and around the quarries. All de- watering activities will be performed pursuant to DMM requirements, and in accordance with the approved mining permit for the Clearbrook operation. Domestic water use is provided by on site private well under Frederick County Health Department permit. E. DRAINAGE The plan of operation /mine permit map is required to include a drainage plan subject to DMM review and approval. The drainage plan must address several items, to include the following: (a) the directional flow of water on and away from the site, (b) location and 4 Impact Analysis .Statement• • Carmeuse - Clearbrook specifications of constructed drainage ways, (c) the use of natural waterways for drainage, and (d) delineation of the streams or tributaries receiving the discharge. Should the requested rezoning be approved, the mining permit must be amended to include the subject acreage, which will involve preparation of a revised drainage plan that ensures effective incorporation of the expansion area into the facility's overall drainage system. F. SOLID WASTE DISPOSAL Solid waste generated by employee activities will be collected in dumpster facilities and removed from the site by commercial refuse carrier. Solid waste will be transferred to the Frederick County landfill for ultimate disposal by said carrier. Waste resulting from mining activities will be placed in spoil stockpiles and within berms used for facility screening. The storage and adaptive use of spoils will be addressed through the approval process for the amended mining permit, and will therefore be required to meet all DMM requirements. G. HISTORICAL SITES AND STRUCTURES The result of the Phase 1 Archaeological Survey is that the subject properties to be rezoned to not have historical significance with the exception of the Martin farmhouse. In the development contemplated by the rezoning, Carmeuse has no intention of removing or affecting the martin farmhouse, and, in the long term, will put the farmhouse into adaptive reuse. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 5 C1 0 us OGCLE , 4/ P1NA2 OIM rC.L a 11 a I OC B1�9 A < PG� ry rPmlu f.t^' ED. Anwec ,e ry oaxr 6 r - .1J .k}osl!4911eiPe_ _ maw 1 6 4 M K P10NDFD WS AE P9Y Te[ N FI. NW1P fAli y a� a .a O 9 e h z + «b a N m S X w Z Y O w O 1n 0:! ::) m w � < J Q U U j GEIMG m K PLMIED 1WTN was WPM flSANA110N GE L WG RT. EGS D *D M W FE. G1GiB1 AREA M E L WMN TD 111E DK T POAG PRE •• TKU LOCATED V TtW 25 R OF FIE 1068- 9f -Wer M PRW" WNC AS APPECA&F, 9ML GE PUNHD WT M G1[ K a REZOM APP Al- PER PGtGRTO. SI�1 � M2 Industrial General - S EM Extractive Manufacturing , MHt Mobile Home Community B2 Business General =" a B3 Industrial Tr ansition Light RP Residential Performance Ex. RA Rural Agricultural AR FIiL� to be Rezoned to EM Extractive Manufacturing (Approx. 92 Acres) o F • i , , /� ' Ti. i s 7 '^ ' I BRU W As LLI ry r � u • ry M1 p m r i w : O f a EM -< _ .,. U YO �! r , Of Ui i 'S 0 0 CARMEUSE - CLEARBROOK REZONING IMPACT ANALYSIS STATEMENT January 2011 A. INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the conditional rezoning of parcels 44- A -83A, 44 -A -83 and a portion of parcel 33 -A -144 which total approximately 92 acres. The subject parcels are situated on the east side of U.S. Route 11, 1,050 ft. south of Hopewell Drive. The property extends from the Clearbrook Park property on the north, south to near the Walters Mill Road intersection with U.S. Route 11. The northern site is a 44 acre portion of the current Carmeuse property which is zoned EM. Parcels 44 -A-83 and 44 -A-83A of 48 acres lie to the south. The subject acreage is currently zoned RA (Rural Areas). This application proposes the rezoning of the 92 acres from RA to the EM (Extractive Manufacturing) District. Carmeuse NA Corporation's ( "Carmeuse ") existing Clearbrook plant and quarries are located adjacent to the subject properties. The property containing these existing facilities is zoned EM. The subject acreage contains mapped deposits of chemical grade limestone, the extraction of which is critical to the continued viability of the established quarry operation. Indeed, the mineral -rich nature of the properties and their value for future extraction activities was identified years ago when the northern half of the property was acquired and this acreage has remained in the ownership of mining interests ever since. The southern parcel was recently purchased to preserve the rights to the limestone below. The requested rezoning will enable the appropriate use of the subject acreage consistent with its unique geological attributes, which will thereby assure the continued vitality of the Carmeuse Clearbrook operation. The contents of this report will outline the role of the subject acreage in future Carmeuse operations and further identify anticipated impacts as well as those strategies necessary for effective mitigation. The applicant is confident that the proposed rezoning includes a proffer program that will appropriately and effectively mitigate identified impacts. As such, we believe this rezoning request merits favorable consideration and approval. Impact Analysis Statement B. COMPREHENSIVE POLICY PLAN 0 Carmeuse - Clearbrook The subject acreage is not located within the boundaries of any small area study or land use plan included in the Comprehensive Policy Plan. The properties are also located outside of the Sewer and Water Service Area (SWSA) and the area is identified as appropriate for office and industrial uses. The Proposed Office and Industrial Areas policies of the Comprehensive Policy Plan are relatively silent concerning natural resource extraction. C. SUITABILITY OF THE SITE State Regulation of Mineral Mining Operations The Code of Virginia requires the issuance of mineral mining permits for all mining operations within the Commonwealth. Mineral mining permits are issued by the Division of Mineral Mining (DMM) of the Virginia Department of Mines, Minerals and Energy pursuant to the Mineral Mining Law and Reclamation Regulations for Mineral Mining. To obtain a permit or add acreage to a mine operating under an existing permit, a plan of operation /mine permit map must be submitted for DMM approval and updated annually. The DMM possesses the authority to regulate an array of technical and operational issues through the permitting process and regular mine inspections. Issues controlled by the DMM include, but are not limited to, the following: grading and stabilization of quarry pits and berms, drainage, erosion and sediment control, screening of mine operations, blasting operations, and final reclamation and stabilization of the site. The Clearbrook quarry currently operates under mining permit number 07114AB. Should this rezoning be approved, the expansion of the mining operation to include the subject acreage would necessitate amendment of the existing permit. To secure DMM approval, the amended permit must be accompanied by a revised plan of operation /mine permit map demonstrating effective impact mitigation and conformance with state mining regulations. Scope of Proposed Use The majority of the limestone ore quarried at the existing Clearbrook site is processed and distributed directly from the Clearbrook site. The scope of the manufacturing use in Frederick County will continue to involve overburden removal, controlled blasting and ore extraction, crushing of ore for transport and the loading of materials for transfer, Additionally, the Applicant has proffered that activities such as asphalt or concrete mixing plants, cement and lime kilns, and oil and natural gas extraction will be prohibited As such, the proposed rezoning will only allow for an extension of the existing quarrying activities from the N Impact Analysis Statement 0 Carnteuse - Clearbrook existing operation to the subject property. No processing or loading of processed material will occur on the subject property. An extensive network of earthen berms will be installed to screen the Route 11 corridor including those residents adjacent to the subject property from the active mining activities. The berms will be planted with landscaping suitable for all season screening. Trees will be planted within one year from the date of unappealable zoning approval in the places identified on the plat attached to the proposed Proffer Statement as Exhibit 2. Site and Land Use History The subject properties contain significant limestone deposits that are recognized for their exceptional purity and consistency. For many years limestone ore has been extracted and processed via the existing Clearbrook quarry facilities, which are located adjacent to the subject acreage. These facilities serve a diverse array of industrial, environmental, and municipal markets with four primary product groups - high calcium quicklime, hydrated lime, chemical grade limestone, and construction aggregates. The applications for these products are numerous, but most notably involve agriculture, pollution reduction technologies, national defense infrastructure, road building, and food processing. The existing Clearbrook quarry facilities have been in active operation since the 1950's under various ownership interests, and were acquired by Carmeuse NA from Chemstone Corporation in 2008. As noted in the introductory section of this report, the acreage proposed for rezoning is adjacent to the current operation and has been controlled by mining interests for the past forty years, which has assured the availability of extensive limestone ore reserves for eventual extraction. Thus, although the zoning of the subject acreage has remained RA, the acreage has historically been reserved for extractive manufacturing as its intended use. The uneventful history of quarry operations in the Clearbrook area has demonstrated the ability of such facilities to amicably co -exist with nearby residents and land uses. The quarry companies have endeavored to meet with local residents and businesses over the years to ensure concerns are known. Such meetings have allowed compatibility issues to be identified and addressed proactively, thus ensuring the operation of extractive manufacturing uses with minimal impact to the surrounding community. These meetings will continue to serve a vital role in assuring that dialogue between Carmeuse and the community is on -going and constructive. Environmental Features The subject parcels of 92 acres contains no known environmental features. 3 Impact Analysis Stat* 0 Carmeuse - Clearbrook Of the total acreage proposed for rezoning, it is projected that actual excavation will involve approximately 55 acres, or only 60% of the area to be rezoned. Areas adjoining the quarries will be devoted to storage of said materials as well as discarded earth. Areas for excavation and storage will be located and managed to minimize impacts to surrounding properties. Moreover, in any case where disturbance is proposed, appropriate mitigation strategies will be employed pursuant to the requirements of the Frederick County Zoning Ordinance and all applicable state and federal regulations. Soils /Geology The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Oaklet- Carbo- Chilhowie soil association. The following table identifies the multiple soil types present on each property: (Mao Sheets 19. 24 and 25 of Soil Survev) Map Symbol Soil Name Slopes (range) Percent of Site 7C Carbo Oaklet Rock Outcrop 2 to 15 % 38.6% 32B Oaklet Silt Loam 2 to 7 % 37.4% 6C Carbo Oaklet Silt Loam 2 to 15 % 21.6% 34 Pa ebrook Silt Loam 0 to 15 % 2.4% The majority of the soil types comprising the subject acreage are not considered prime farmland. Soils 32B ( Oaklet Silt Loam) are listed as prime farmland in the soil survey, however, these soils lie along the U.S. Route 11 right -of -way and are not in the quarrying area. These areas will be used for berm construction and landscaping to screen the operations site. Being along Route 11, these areas would, in all likelihood, not be suitable for farming. The residentially developed areas along Route 11, the fairgrounds and Stonewall Elementary School all lie on Oaklet soils. The purity and consistency of the limestone deposits found in soil groups 6C and 7C, that underlie the subject properties, constitute the ideal geologic conditions for extractive manufacturing use. The characteristics of the identified soil types and any implications for site development are manageable through the site engineering process. Access/Transportation Public road access will be provided to the rezoned parcel. All traffic will continue to use the existing entrances on Brucetown Road, VA Route 672. It is not expected that the rezoning will result in an increased trip generation as production is a factor of demand and not available reserves. As no increase in trips would result, there is no requirement for a Traffic Impact Analysis. Initial discussions with VDOT indicate that the entrance configuration is adequate for anticipated traffic volumes. M Impact Analysis Statement Carmeuse - Clearbrook D. SEWAGE CONVEYANCE AND WATER SUPPLY The Clearbrook facility is served by a private system for on -site sewage disposal. No additional sewage facilities will be required by this rezoning. Industrial use water supply for the Clearbrook facility is obtained by quarry pit de- watering, which occurs through the mining process. This source will provide sufficient supply and pressure for the expanded mining use, to include dust control in and around the quarries. All de- watering activities will be performed pursuant to DMM requirements, and in accordance with the approved mining permit for the Clearbrook operation. Domestic water use is provided by on site private well under Frederick County Health Department permit. E. DRAINAGE The plan of operation /mine permit map is required to include a drainage plan subject to DMM review and approval. The drainage plan must address several items, to include the following: (a) the directional flow of water on and away from the site, (b) location and specifications of constructed drainage ways, (c) the use of natural waterways for drainage, and (d) delineation of the streams or tributaries receiving the discharge. Should the requested rezoning be approved, the mining permit must be amended to include the subject acreage, which will involve preparation of a revised drainage plan that ensures effective incorporation of the expansion area into the facility's overall drainage system. F. SOLID WASTE DISPOSAL Solid waste generated by employee activities will be collected in dumpster facilities and removed from the site by commercial refuse carrier. Solid waste will be transferred to the Frederick County landfill for ultimate disposal by said carrier. Waste resulting from mining activities will be placed in spoil stockpiles and within berms used for facility screening. The storage and adaptive use of spoils will be addressed through the approval process for the amended mining permit, and will therefore be required to meet all DMM requirements. G. HISTORICAL SITES AND STRUCTURES The result of the Phase 1 Archaeological Survey is that the subject properties to be rezoned to not have historical significance with the exception of the Martin farmhouse. In the development contemplated by the rezoning, Carmeuse has no intention of removing or affecting the martin farmhouse, and, in the long term, will put the farmhouse into adaptive reuse. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted.