HomeMy WebLinkAbout01-11 Comments & Correspondence0
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
December 16, 2011
Christopher E. Collins, Member
Frederick County Board of Supervisors
120 Sesar Court
Winchester, VA 22602
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THOMAS MOORE LAWSON. 1'IA 1NSOVii'LSPLUA ONI
Re: Our File No. 462.013
Dear Chris:
As a follow -up to our conversation of yesterday, enclosed please find the form Purchase
Option Agreement. After you have reviewed the same, please give me a call if you have anv
questions.
Very trui � °curs.
Thom, s Mtore Lawson
TML:atd
Enclosu)e
FROM ROVALADDRESS: P05F OFFICE Box 602, FROM ROYAL. VIRGINIA 22630, nLE.NONE: (540) 635 -9415. FACSIMILE: (540) 635 -9421, E MAM: ISILKK® WWSONANDSILF,K.COM
PURCHASE OPTION AGREEMENT
SELLERS:
BUYER:
"THIS PURCHASE OPTION AGREEMENT (the '.' Agreement ") is made as of this
day of , 2011 (the " Effective Date ") by and between
theirs heirs, successors and assigns (hereinafter collectively referred to
as " Seller "), and (hereinafter referred to as " Buyer ").
WHEREAS, Seller is owner of certain real property consisting of approximately
_ acre[s] of land situated in and more particularly described in Exhibit A
attached to this Agreement, and incorporated herein by this reference.
WHEREAS, Seller acknowledges that Buyer enters into this Agreement in its own right
and does this freely and voluntarily.
NOW THEREFORE, in consideration of the promises herein contained and other good
and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged by
Buyer and Seller, the parties hereto agree as follows:
1. Option In Consideration of the payment by Buyer to the Seller the sum of Five
Thousand Dollars ($5,000.00), (" Option Consideration "), plus an additional Five Thousand
Dollars ($5,000.00) after the rezoning submitted by Buyer has been approved in its entirety and
is satisfactory to the sole and absolute discretion of the Buyer the receipt and sufficiency of
which are hereby acknowledged, Seller grants to Buyer an exclusive and irrevocable option to
purchase the Property on the terms and conditions set forth in this Agreement.
2. Application of Option Consideration The Optic Jn�Y �v Aef
credited against the Purchase Price (as defined below) of the Prc
exercises the Option. The Option Consideration shall be non - refunda
more of the following events shall occur, and the Buyer has not waiver
the following events or conditions, in which case Seller shall return tl
Buyer:
(a) the conveyance of the Property is not consummate r 6,i cmcm
because of Seller's failure, refusal or inability to perform any of Seller's
obligations under this Agreement, after notice and opportunity to cure;
(b) Buyer elects to terminate this Agreement because Seller is unable to remove any
title exception discovered during any title searches that are objected to by Buyer
or those objected to by Buyer pursuant to Section 5 below or because the rezoning
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submitted by Buyer has not been approved in its entirety and is not satisfactory to
the sole and absolute discretion of the Buyer;
(c) Buyer elects to terminate this Agreement because any of the representations or
warranties under Seller's control cease to be true before Closing after notice and
opportunity to cure;
(d) Buyer elects to terminate this Agreement due to damage or condemnation of the
Property pursuant to Sections 7 or 8 below;
3. Sale Terms In the event Seller exercises the Option to Sell by expressing its
intention to sell the Property to the Buyer at any time commencing with the date of this
Agreement through five (5) years from the date of commencement of mining (i.e., the removal of
overburden or limestone) on any portion of the property described in Exhibit B ( "Notice of
Intent to Sell "), and provided the rezoning submitted by the Buyer has been approved in its
entirety and is satisfactory to the sole and absolute discretion of the Buyer, Seller shall convey to
Buyer the Property for the greater of a price equal to the assessed value as determined by the
County 2010 tax assessment, plus ten percent (10 %), or the tax assessment at the
year of the exercise of the Option (`Purchase Price ") for the Property owned by Seller. Buyer
shall pay this amount to Seller in one lump sum unless the parties agree otherwise in writing and
on the condition that there are no additional costs or expenses to Buyer.
Seller individually and jointly agrees that if at any time or times after the date hereof.
Seller shall receive a bona fide offer to purchase the Property, or any part thereof, which Seller
desires to accept, Seller will give written notice (hereinafter "Notice of Offer ") of such offer to
Buyer, identifying the proposed purchaser and setting out accurately and in detail the price and
terms of the proposed sale. In each event, Seller agrees that Buyer shall have the right, at its
election, to purchase the Property, or any part thereof, thus proposed to be sold by Seller, for the
price and on the terms specified in the Notice of Offer, which option may be exercised by giving
of written notice of exercise thereof to Seller within thirty (30) days after the giving of the Notice
of Offer. In the event Buyer shall exercise its right to purchase the Property provided for above,
the sale and purchase of such Property shall be closed within a reasonable time after exercise of
such right and, in any event, within sixty (60) days thereafter. If, however, Buyer does not elect
within the time and in the manner above provided to exercise such option, then Seller may, at
any time within sixty (60) days after expiration of such thirty (30) days' option period, sell the
Property or part thereof specified in the Notice of Offer to the proposed purchaser identified
therein for the price and on the terms specified in the Notice of Offer; but any later sale to the
same purchaser or sales to a different purchaser or of a different interest or a different price or on
different terms must again be submitted to Buyer in a Notice of Offer as required and above set
forth. 'If the Property shall be sold by Seller to a third party after Buyer has failed to exercise its
right of first refusal with respect to such sale as herein provided, the third party purchaser shall
take the interest in the Property from Seller free and clear of any right of refusal or other right of
Buyer, and in such event, Buyer agrees to execute such release or other instrument as reasonably
requested by Seller, but any part of the Property which is retained or reserved by Seller shall
remain subject to the right of Buyer under this Agreement.
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4. Representations, Warranties and Covenants of Seller
(a) As a material inducement for Buyer to enter into this Agreement, from the
Effective Date hereof to the Closing Date (as defined herein), Seller covenants and agrees that it
shall:
(i) neither make or allow to be made, extended or renewed any lease,
contract, option, agreement or other instrument whatsoever materially
affecting the use or value of the Property without the prior written consent
of Buyer;
(ii) observe and perform all of the terms, covenants, and conditions, including,
without limitation, the payment of monies due, under any mortgage or
other agreement affecting the Property;
(iii) pay all real estate taxes assessed against the Property;
(iv) neither enter into any leases or agreements providing for possession, use
or occupancy of, or access through, the Property or any portion thereof,
nor assign, modify, amend, renew, extend or terminate any existing leases,
easements or similar agreements,�without in each case the prior written
consent of Buyer;
(v) not execute any option respecting the Property in favor of any party other
than Buyer;
(vi) neither encumber the Property with any lien, mortgage, restriction or
encumbrance, nor alter, amend, or modify any existing lien, mortgage,
restriction or encumbrance on the Property, without in each case the prior
written consent of Buyer;
(vii) send Buyer copies of any notices Seller may receive relating to violations
of law, insurance, litigation, condemnation or title matters respecting the
Property; and
(viii) immediately notify Buyer of any information which becomes known to
Seller and which impacts the accuracy and /or veracity of any
representation, warranty or covenant herein made by Seller.
(b) As a material inducement for Buyer to enter into this Agreement, Seller represents
and warrants that as of the date hereof and as of the Closing Date, to Seller's best information,
knowledge and belief:
(i) Seller owns the entire interest in the Property, and Seller has the full
power and authority to enter into this Agreement and convey the Property
to Buyer in accordance with the terms of this Agreement;
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no lease, option, or similar agreement is currently in effect respecting the
Property or any portion thereof, except those listed on Exhibit C ;
(iii) there are no pollutants, contaminants, hazardous or toxic wastes in, on or
underlying the Property, and Seller has not received any notice from any
governmental authority with respect thereto, and the Property has not been
used as a landfill or dump site, and no storage tanks are located on or
under the Property; and
(iv) no litigation or similar proceeding is currently pending or, to Seller's
knowledge, has been threatened, respecting the Property.
(c) In the event Seller breaches any of the above representations, warranties or
covenants, or if any such representations or warranties were untrue when made or are untrue as
of the Closing Date, after receipt of written notice and ten (10) days' opportunity to cure, Buyer
may terminate this Agreement, receive a refund of all sums paid to Seller or deposited in escrow
and /or, in addition, pursue any other available remedy. If, before the time of conveyance. Seller
discovers any information or facts that would materially change any of the foregoing
representations or warranties, Seller shall immediately give notice to Buyer of said information
or facts. If the problem is not remedied before the time of conveyance and cannot be remedied
by payment of money, Buyer may elect to (a) terminate this Agreement in which case Buyer
shall have no obligation to purchase the Property or (b) defer the conveyance until such problem
has been remedied. Buyer's election in this regard shall not constitute a waiver of Buyer's rights
in regard to any loss or any liability suffered as a result of a representation or warranty not being
true nor shall it constitute a waiver of any other remedies provided in this Agreement or by law
or equity.
5. Closing and Title Matters
The closing of the conveyance contemplated herein (the " Closing ") shall occur within
sixty (60) days following the date on which Buyer has delivered its notice of the exercise of the
Option pursuant to Section 17 hereof. The funds and documents necessary for the Closing shall
be deposited with an escrow agent selected by Buyer as escrow agent (herein the " Escrow
Agent "). The title company shall bring the title down to the date of Closing and if there has been
no material adverse change in the title, and if the requested funds are in escrow, the transaction
shall close.
6. Remedies Upon Default In the event Seller defaults in the performance of any of
Seller's obligations under this Agreement, after receipt of written notice and ten (10) days'
opportunity to cure, Buyer shall have the right to specific performance against the Seller. This
right is in addition to any and all other remedies provided in this Agreement or by law or equity.
In the event Buyer defaults in the performance of any of its obligations under this Agreement,
Seller shall have the right to retain the Option Consideration. This right is in addition to any and
all other remedies provided in this Agreement or by law or equity.
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7. Right to Inspect During the term of this Agreement, Buyer through its
employees, agents or representatives, may enter upon the Property at reasonable times and with
reasonable advance notice for the purpose of making surveys, inspections and investigations as
Buyer deems appropriate.
8. Risk of Loss All risk of loss shall remain with Seller until Closing.
9. Condemnation In the event of the taking or threat of taking or settlement in lieu
thereof of ail or part of the Property by condemnation or eminent domain, or the commencement
of such proceedings before Closing, if Buyer's intended use of the Property is frustrated, Buyer
shall have the right to terminate this Agreement by written notice to Seller. If Buyer does not
terminate the Agreement, Buyer may either proceed to close (a) with the Purchase Price reduced
by the total of any awards or other proceeds received or to be received by Seller as a result of
such proceedings, or (b) with an assignment by Seller of all Seller's right, title and interest in and
to any and all such awards and proceeds. Seller shall notify Buyer in writing of any domain
proceedings affecting the Property within five (5) days after Seller learns of the proceedings.
10. Binding on Successors This Agreement shall be binding upon parties and their
respective heirs, personal representatives, assigns, members, directors, officers, and shareholders,
as the case may be.
11. Memorandum of Option The parties agree that this C
,
or the terms contained herein otherwise disseminated or divulged tc
either party may record a Memorandum of Option in the land
a i
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County, in the form attached hereto as Exhi
be by hereto. In
will executed concurrently each of the parties the
exercise the Option, after consultation with Seller, Buyer shall pror
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Termination of Option, Quit - Claim Deed relinquishing its rights
S
instrument as may be necessary to eliminate any cloud on Seller's titl
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the Memorandum of Option.
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12. Entire Agreement; Modification; Waiver This Agreement constitutes the
entire agreement between Buyer and Seller pertaining to the subject matter contained in it and
supersedes all prior and contemporaneous agreements, representations, and understandings. No
supplement, modification, or amendment of this Agreement shall be binding unless executed in
writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed
to or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver
constitute a continuing waiver. No waiver shall be binding unless executed in writing by the
party making the waiver.
13. Counterparts This Agreement may be executed in counterparts, each of which
shall be deemed an original and which together shall constitute one and the same Agreement.
14. Severabilih' Each provision of this Agreement is severable from any and all
other provisions of this Agreement. Should any provision(s) of this Agreement be for any reason
unenforceable, the balance shall remain in force.
15. Governing Law; Choice of Forum /Jurisdiction This Agreement shall be
governed by and construed in accordance with the laws of the Commonwealth of Virginia. The
parties hereby consent to the jurisdiction and venue of the courts of the Commonwealth of
Virginia, specifically to the courts of , and to the jurisdiction and venue of the United
States District Court for the District of Division in connection with any
action, suit, or proceeding arising out of or relating to this Agreement and further waive and
agree not to assert in any action, suit, or proceeding brought in the courts of County,
or the United States District Court for the District of
Division that the parties are not personally subject to the jurisdiction of these courts, that the
action, suit, or proceeding is brought in an inconvenient forum or that venue is improper.
16. Confidentialitv; Cooperation
(a) Except as otherwise specifically provided in Section 11 above, the parties hereto
agree that the terms of this Agreement, including but not limited to the Purchase Price, shall
remain confidential, and that, unless compelled by law, no portion of this Agreement may be
disclosed to anyone other than the parties and their respective attorneys, and employees or
representatives having a need to know such information, without the prior written consent of the
parties.
(b) Seller acknowledges that a re- zoning of the Property will be required at Buyer's
sole discretion as a pre- condition to Buyer's consummation of the purchase of the Property, and
Seller agrees to cooperate with Buyer in applying for such a re- zoning, and in otherwise
promoting the benefits of a re- zoning as Buyer may deem necessary or appropriate. Seller's
cooperation includes, but is not limited to, executing all documents required to be executed by
Buyer.
17. Notices All notices which are permitted or required to be given hereunder shall
be sufficiently given and sent by messenger, overnight couri J --- tnited St mail,
return receipt requested, to the party for whom intended at tl ` � '�4c (q f �j � � — ;rein
above set forth (or at such other address of which such party JAL �'��� „ ce in
the manner provided herein). Notices shalt be deemed given , 1 6 ti� .orb .nger
or on the date deposited with the United States mail or overn ip =°� cs�� ( ; may
be. When a date specified herein falls upon a SaturdaN stll�_r ��� ��} y, the
following Monday or the day after such holiday shall be uses �i� �, s nt.
18. Dower In the event that Seller or any person or party cono, __- --ller is
married, the spouse of such party shall execute this Agreement in the place indicated below, to
evidence such spouse's waiver or expectancy of any dower interest in the Property if such
interest is recognized by state law.
IN WITNESS WHEREOF, the parties have hereunto set their hands as of the date(s) set
forth below:
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EXHIBIT D
MEMORANDUM OF OPTION
FOR THE PURCHASE OF REAL PROPERTY
THIS MEMORANDUM OF OPTION FOR THE PURCHASE OF REAL PROPERTY
(the "Memorandum ") is made and entered into as of the day of 2011 by
and between having an address of (hereinafter collectively
referred to as " Seller ") and , having an address ,
(hereinafter referred to as ' Buyer "
WITNESSETH:
WHEREAS, Seller is the owner of the fee simple estate in and to thaP certain parcel of
land described in Exhibit A attached hereto and made a part hereof, containing approximately
1 acre, together with all easements, rights and other appurtenances belonging thereunto
including, but not limited to, all surface, subsurface, production, oil and gas, and other mineral
interests therein (the "Pro pert "); and
WHEREAS, Seller and Buyer have entered into that certain Purchase Option Agreement
of even date herewith (the " Agreement "), pursuant to which Seller has granted an option to
purchase the Property to Buyer, and Buyer has accepted such option; and
WHEREAS, Seller and Buyer desire to execute and file this Memorandum of record to
give, and do hereby give, record notice of the provisions of the Agreement.
NOW, THEREFORE, Seller and Buyer do hereby state as follows:
1. The Agreement is hereby incorporated by reference in and made a part of this
Memorandum as if the Agreement, and all future amendments, modifications and supplements
thereto, were set forth herein in its entirety. All parties having or acquiring an interest in the
Property referred to herein are hereby given notice of all terms, covenants, conditions,
provisions, agreements and obligations contained in the Agreement, and all future amendments.
modifications and supplements thereto. This Memorandum is prepared for the purpose of
recordation and does not modify the provisions of the Agreement or any future amendment,
modification or supplement thereto. If there are any conflicts between the Agreement or any
future amendment, modification or supplement thereto and this Memorandum, the provisions of
the Agreement, as so amended, modified and supplemented, shall prevail.
2. The property that is encumbered or affected by the Agreement is the Property.
3._ This Memorandum is executed by the parties for the purpose of giving notice of
Buyer's right and option to purchase the Property pursuant to the terms of the Agreement, as the
same may be hereafter amended, modified and supplemented.
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4. This Memorandum may be executed in multiple counterparts, each of which,
when so executed, shall be deemed an original, and all of which shall together constitute one and
the same document, and shall be binding on the signatory; and the signature of any party to any
counterpart shall be deemed a signature to, and may be appended to, any other counterpart.
5. Each signatory hereto certifies that he or she is duly authorized and empowered to
sign and deliver this Memorandum on behalf of all entities named below on whose behalf he or
she has so acted.
6. This Memorandum shall be binding upon, and shall inure to the benefit of, the
parties hereto and their respective heirs, successors and assigns, and shall run with the land.
IN WITNESS WHEREOF, the parties hereto have duly executed this Memorandum as
of the date set forth hereinabove, but have actually executed same on the dates set forth in the
respective acknowledgments hereof.
[SIGNATURES ON THE FOLLOWING PAGE]
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SELLERS:
INSERT NAME
COMMONWEALTH OF VIRGINIA
CITY /COUNTY of , to -wit:
The foregoing instrument was acknowledged before me this day of
2011, by
Notary Public
My commission expires
Registration No.
INSERT NAME
COMMONWEALTH OF VIRGINIA
CITY /COUNTY of . to -wit:
The foregoing instrument was acknowledged before me this day of
2011, by
Notary Public
My commission expires
Registration No.
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COMMONWEALTH OF VIRGINIA
CITY /COUNTY of
The foregoing instrument was
2011, by
My commission expires
Registration No.
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BUYER:
INSERT NAME
to -wit:
acknowledged before me this
Notary Public
day of
EXHIBIT A
TO
MEMORANDUM OF OPTION
FOR THE PURCHASE OF REAL PROPERTY
Leeal Description
Tax Map No.
11/18/2011 16:24 FAX Z0 2/005
L AWSON AND SILEK, P.L.C.
120 EXETER DRIVE, SUITE 200
POST OFFICE BOX 2740
WIN('HESTER, VA 22604
TELEPHONE: ($40)665 4)050
FACSIMILE: (540) 7224051
THOMAS MOORE LAWSON • TLAWSON011SPI C. -COM
- November 18, 2011 --
Michael T- Ruddy, Deputy Director
Planning and Development
County of Frederick
107 North Kent Street, 2 Floor
Winchester, VA 22601
VIA E -MAIL AND FACSIMILE
Dear Mike:
Re: Carmeuse Lime Rezoning
RZ #01 -11
Our File No. 462.013
Pursuant to our telephone conversation, enclosed please find a letter of clarification to the
Board of Supervisors. Please take a look at this and advise me if you have any comments. Once
it is in final order, my intent would be to deliver this to the Board of Supervisors at the hearing
on December 14.
Thank you for your assistance and cooperation. l look forward to hearing from you.
Very truly yours,
TML:jk
Enclosure
cc: Canneuse Lime & Stone
Thomas Moore Lawson
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M 13 11/18/2011 18:24 FAX
LAWS ®N AND SILEK, P.L.C.
120 EXETER DRIVE, SUITE 200
POSE OFFICE BOX 2700
WmcnuTE& VA 22604
TELEPHONE: (540)665 -0050
FACSIMILE,: (540) 722.4051 "
Date:
To:
Fax Number:
From:
Re:
Number of pages
including cover:
Message:
FACSIMILE COVER SHEET
November 18, 2011
Michael T. Ruddy, Deputy Director
Planning and Development
(540) 665 -6395
Thomas Moore Lawson, Esquire
Carmeuse Lime & Stone
5
Please see the attached. Thank you,
16001/005
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.
FROM ROI AI, ADDR&W DIM1 OBI"DOX ; ,FROW% MAI. VWINIAlllJD,Trimumrt:(5DILIS9CIS. VAuHIU! ISO) OS."21, E.M L: WLFX.ILVVX/ NL[.roM
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11/18/2011 16:24 FAX
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LAWS ®N AND SILEK, P.L.C.
120 EXETER DRIVE, SUITE 200
POST OMCR BOX 2740
WINCHIFSMA, VA 22604
TELEPHONE: (540) 665 -0050
FACSIMILE: (540) 722 -4051
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THaMAS MOORE LAWSON • TLAWSONRLSPLC.COM
November 18. 2011 —
The Honorable Richard Shickle, Chairman At -Large
Gary W. Dove, Member
Charles S. Dehaven, Jr., Member
Gary A. Lofton, Member
Christopher E. Collins, Member
Gene E. Fisher, Member
Bill M. Ewing, Member
Frederick County Board of Supervisors
107 North Kent Street
Winchester, VA 22601
Re: Carmeuse Lime Rezoning
RZ #01 -11
Our File No. 462.013
VIA HAND - DELIVERY
Dear Mr. Chairman and Members of the Board of Supervisors:
Z 003/005
As a follow -up to our prior presentations and submittals to Frederick County regarding
the above - referenced rezoning, we have been asked to submit a letter of clarification which
confirms the language contained in the proposed Proffer Statement ("Proffers"). In response to
said request, we offer this letter of explanation. If after reviewing the same there are still
additional questions, we would be pleased to respond to them at the hearing scheduled on
December 14, 2011 for the consideration of this rezoning request.
The property that is the subject of this rezoning is approximately 92 acres and has been
identified as Tax Map Parcels 44 -A -83, 44- A -83A, and a portion of Tax Map Parcel 33 -A -144
and as has been identified on the plats, which have been submitted as part of and as exhibits to
the rezoning application. Please note that Parcel 33 -A -144 is a large tract containing
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11/16/2011 16:24 FAX
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Frederick County Board of Supervisors
November 18, 2011
Page 2
Z 004/005
approximately 487.55 acres total, and a significant portion of that has previously been
acknowledged to be zoned EM. The exact zoning line is unclear in the record. This is due in
large part to the fact that the parcel was part of the original assemblage of land owned by the
W.S. Frey Company and which was in active mining before zoning existed in Frederick County.
Once zoning was unposed, the records of Frederick County indicate that the W.,S. Frey Company
land was designated as EM. Subsequent zoning maps have reflected that the vast majority of the
property was zoned EM but a portion of it was not. One of the benefits of this rezoning is to
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clean up any discrepancy in the record and confirm that parcel 33 -A -144 in its entirety will be
zoned EM.
Under Site Development Section 2.2 of the Proffers there has been dis about the
plantings which are called for in not only the textual portion of the Proffers but also in the
attached and incorporated plats. In particular, there have been questions about whether there
ought to be a planting scheme with precise description of plants and their locations. After giving
due consideration to such it has been decided that the language in the Proffer is appropriate
because it uses words such as "mix," "random," and "consistent with existing vegetation
patterns." This is being done intentionally so that after the plantings have taken hold and started
to grow they will resemble a more natural scene and not one where it is' obvious that the
plantings were placed in a uniform planting scheme. It should also be pointed out that with
regard to the interpretation of this proffer, and with any proffer, by ordinance and by law,
questions can be raised to the Frederick County Zoning Administrator to determine compliance.
The Zoning Administrator's decision is binding on this Applicant, or any future applicant, to
confirm full compliance with this and all proffers_
Under Section 3.1 of the Proffers, there was discussion about the term "adaptive reuse."
This is a term of art that is used by historians and professionals working in the historic
preservation field. The language was intentionally inserted in the Proffers to ensure that the
Martin farmhouse would be preserved through its continued use. It was explained to the
Applicant by historic preservation professionals that there is nothing worse than to simply leave
a historic structure alone and not put it into use.
11/18/2011 16:24 FAX A 005 /005
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Frederick County Board of Supervisors
November 18, 2011
Page 3
Further to this section, it should be pointed out that the Phase 2 Archaeological Survey
has been completed, and it has confirmed that no historical artifacts were found in the area
covered by the Phase 2 Archaeological Survey. The results of that survey were reported to
Frederick County's Historical Resources Advisory Board.
Thank you for your consideration of these materials and of this rezoning request.
Very truly yours,
Thomas Moore Lawson
TML jk
cc: Carmeuse Lime & Stone
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15. Fees, Costs and Expenses The County agrees to pay the following fees, costs and
expenses incurred by VPSA in connection with its purchase and carrying of the Local School
Bond within thirty days after receipt by the County Administrator of a written bill therefor:
(a) The County's allocable share of (i) the fees, costs and expenses of the trustee,
paying agent and bond registrar under the indenture pursuant to which VPSA will issue the VPSA
Bonds and (ii) any fees, costs and expenses payable to third parties in connection with such
indenture or VPSA's School Tax Credit Bond Program, as determined by VPSA; and
(b) To the extent permitted by law, the reasonable fees, costs and expenses,
including reasonable attorneys' fees, if any, incurred by VPSA in connection with any false
representation or certification or covenant default by the County or any County or School Board
official, employee, agent or contractor under the Local School Bond, the Continuing Disclosure
Agreement, the Tax Compliance Agreement, the Proceeds Agreement and/or any document,
certificate or instrument associated therewith (collectively, the "County Documents "), or in
connection with any extraordinary mandatory redemption of the Local School Bond as described
in paragraph 9 above and the corresponding VPSA Bonds, any amendment to or discretionary
action that VPSA makes or undertakes at the request of the County under any of the County
Documents or any other document related to the VPSA Bonds.
16. Filing of Resolution The appropriate officers or agents of the County are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit
Court of the County of Frederick, Virginia. j
IT Election to Proceed under Public Finance Act In accordance with Section 15.2-
2601 of the Virginia Code, the Board elects to issue the Local School Bond pursuant to the
provisions of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Virginia Code.
18. Further Actions The members of the Board and all officers, employees and
agents of the County are hereby authorized to take such action as they or any one of them may
consider necessary or desirable in connection with the issuance and sale of the Local School
Bond and any such action previously taken is hereby ratified and confirmed.
19. Effective Date This Resolution shall take effect immediately.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
Ross P. Spicer
Aye
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
IN JANUARY 2012
Deputy Planning Director Michael Ruddy appeared before the Board regarding this item.
Minute Book Number 37 -
Board of Supervisors Regular Meeting of 09/14/11
He advised this was a request to rezone 92 acres from RA (Rural Areas) District to EM
(Extractive Mining) District with proffers. The property is located on Martinsburg Pike just west
of the existing quarry. The applicant provided exhibit 2, which showed the location of the
proposed berm along Route 11 and the proposed berm along the adjoining residential properties.
The Planning Commission recommended approval of this rezoning application at its August 3,
2011 meeting. The Planning Commission recommended the Board of Supervisors work with the
Clearbrook Fire and Rescue Company regarding the future site of their station. Deputy Director
Ruddy noted the Planning Commission approved a waiver request to the modified b I uffer. The
waiver enables a 50 foot setback against Route I.1 and the adjacent residences rather than the
required 100 and 200 foot setbacks.
Jim Bottom, Operations Manager for Carmeuse, appeared before board regarding this
item. He believed this rezoning request was a logical fit with the land already zoned EM. He
went onto say he met with many of the neighbors throughout this process and had established
good relationships. He stated this has been a clean and non - controversial request. He advised
the proffers reflect what the neighbors, agencies, and planning commission asked for. Mr.
Bottom stated the company provided stone, equipment, eta to repair Walters Mill Lane beyond
the state maintained section. He noted they had responded to concerns regarding the railroad
crossing. They held three community meetings at the Stonewall Ruritan Building. He went on
to say the concerns that were raised were noise, dust, and blasting. Ile noted the company
brought in noise and blasting experts. He explained that the berms have been redesigned and
proffers were added to address tree planting and berms. He went on to say the company
understands that it provides a large portion of the county's drinking water and he did not
understand why the dispute with the Sanitation Authority reached the level it has. He noted this
92 acre was selected because it is where the high quality limestone seam runs and has about 12 to
15 years of resources. They anticipated using this area in the next 7 to 15 years. He explained
the relocation of the ball fields was covered in the agreement Frederick County Sanitation
Authority. He concluded by reviewing the benefits Carmeuse brings to the community:
131 high quality industrial jobs;
- $7 -I0 million annual payroll; and
- $18 -20 million spent in Virginia.
Mike Osborne, Austin Powder Company Technical Manager for the Southeast Division,
r,
Minute Book Number 37
Board of Supervisors Regular Meeting of 09/14/11
06211 0 0
stated the quarry was safe and no explosives were stored on site. He explained that the company
hauls in the amount of explosives needed for the day. He explained that his company deals with
several regulatory agencies and when blasting was conducted within the required guidelines then
no structures would be damaged. He concluded by saying all methods they use are safe.
Supervisor Spicer asked how often the company blasted.
Mr. Bottom responded that when the economy was better they blasted one to two times
per week.
Scott Harvey, Phoenix Noise and Vibration, reviewed the issue of noise and, noise
fundamentals. He explained that noise was measured around the 10 residences, Interstate 81,
Route 11, and Carmeuse. A computer model was then developed for the future site. lie stated
that the noise level during construction of the berms would be equivalent to a hairdryer or loud
dishwasher.
Chairman Shickle asked if the loader noise was the loader engine or the backup beeper.
Mr. Harvey responded the maximum noise level was measured during quarry operation.
Supervisor Spicer asked how many times per day was material dumped into trucks.
Mr. Bottom responded 75 to 100 times per day.
Supervisor Collins asked if a specific decibel level was proffered.
Mr. Bottom responded they did not plan on putting a noise level in the proffer, as they
expected the berm to work.
Supervisor Collins asked what would happen if the berm did not work.
Mr. Bottom responded the company would work with the sound experts to see what
could be done.
Supervisor Lofton asked if there was any advantage to making the berm higher.
Mr. Harvey responded there was a point of diminishing returns. Ile noted the berm
would not reduce the background noise level.
Chairman Shickle asked if the noise level on Route I I gets louder because it is running
into the berm.
Mr. Harvey responded no because there is a lot of absorption with the sloped planted
berm.
Supervisor Fisher noted there would be a limitation in height because of the terrain.
Ty Lawson, Attorney for the applicant, addressed the Board regarding this proposed
Minute Book Number 37
j Board of Suprrvisors Regular Meeting 009 114111
• � 063
rezoning. He advised the berm was the best alternative to handle the noise and they were
addressed in the waiver approval process. He noted the applicant:
- proffered out asphalt and concrete plants as possible uses;
- limited commercial access to the existing entrance;
- is agreeable to the Planning Conunission's request for a future entrance on Route 11,
but they have no need for one;
- proffered to preserve the Martin House. They put in an adaptive re -use to utilize it as
their office; -
- put dust controls into the proffers to give the county enforcement authority in addition
to the state; -
- proffered no permanent lighting above the berms; and
- agreed to plant trees during the first year following approval.
He went on to say this proposal would take vehicle trips off of Route I I in the future. At the
Planning Commission's request the applicant did add the ability to give more right -of -,way along
Route 11. Mr. Lawson noted the proposed use was consistent with the Comprehensive Plan.
The applicant has made provisions for the agreement between Clearbrook Fire Company and the
quarry. He presented various letters addressing the proposed rezoning, responding to the
schools' concerns, and expressing support for the rezoning and asked that they be made a part of
the record. (Copies of the letters are on file in the Office of the County Administrator.) He
concluded by asking the Board of Supervisors for approval of this rezoning.
Supervisor Lofton asked who would determine what was to be planted on the berm to
make sure everyone was comfortable.
Mr. Lawson responded the applicant intentionally used the words in the proffer statement
because in Middletown the applicant ended up overplanting the berms He went on to say they
have held meetings with neighbors and believe they have established a good relationship with
them as there were no opposing comments at the Planning Commission hearing.
Chairman Shiekle convened the public hearing.
Allie Santmyers, Back Creek District, asked the Board to vote in favor of the proposed
rezoning because of the positive impact the company has on the community. She stated the
quarry was important to her family. The company did a lot of work in the community and served
as a business partner with Sherando High School. She noted Carmeuse was her step- father's
employer and asked that they be allowed to continue operating.
Bruce Carpenter, Gainesboro District and sales representative for Albin Tractor, stated
Minute Book Number 37
Board of Supervisors Regular Meeting of 09/14/11
064II • •
his company repaired a lot of Caterpillar heavy equipment and they shared a professional
relationship with Carmeuse, He went onto say Carmeuse makes land available for farmers to cut
hay and they provide substantial tax . revenue to the county. He concluded by asking the Board to
approve the rezoning.
Jeff Jenkins, Pine Knoll Construction, stated he was a sub - contractor for Carmeuse and
they have kept eight (8) to 20 of his men busy over the last three years. He concluded by saying
he would like to see the Board approve the rezoning.
Mark Georgiana, Stonewall District, stated he was an employee since 1988. He noted
there were three generations working at the quarry in some places. He asked the Bcard to
approve the rezoning. _
Mark Regan, Stonewall District, expressed his opposition to this application be it
does not improve the quality of life in the county'. He was concerned about possible damage to
wells and the effects of dust on the air quality. He noted his daughter suffers from asthma
although there is no family history. He asked if the schools had received test results concerning
the effect of dust on respiratory health. He went on to say the citizens in the area do not want the
quarry expansion and he asked the Board to deny this request.
There being no further public comments, Chairman Shickle closed the public hearing.
Supervisor DeHaven noted he would abstain from voting due to a possible conflict of
interest.
Supervisor Fisher stated he would like to give the applicant an opportunity to address
issues and concerns.
Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board
postponed this item until its first meeting in January 2012.
Supervisor Lofton stated he had some questions regarding the application, but felt 30
days was ample time to address his questions. He advised that he could not support putting it off
until January 2012.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Abstain
Gene E. Fisher
Aye
Gary A. Lofton
Nay
Ross P. Spicer
Aye
Minute Book Number 37
Board of Supervisors Regular Meeting o109114/11
M
15. Fees, Costs and Expenses The County agrees to pay the following fees, costs and
expenses incurred by VPSA in connection with its purchase and carrying of the Local School
Bond within thirty days after receipt by the County Administrator of a written bill therefor:
(a) The County's allocable share of (i) the fees, costs and expenses of the trustee,
paying agent and bond registrar under the indenture pursuant to which VPSA will issue the VPSA
Bonds and (ii) any fees, costs and expenses payable to third parties in connection with such
indenture or VPSA's School Tax Credit Bond Program, as determined by VPSA; and
(b) To the extent permitted by law, the reasonable fees, costs and expenses,
including reasonable attorneys' fees, if any, incurred by VPSA in connection with any false —
representation or certification or covenant default by the County or any County or School Board
official, employee, agent or contractor under the Local School Bond, the Continuing Disclosure
Agreement, the Tax Compliance Agreement, the Proceeds Agreement and/or any document,
certificate or instrument associated therewith (collectively, the "County Documents "), or in
connection with any extraordinary mandatory redemption of the Local School Bond as described
in paragraph 9 above and the corresponding VPSA Bonds, any amendment to or discretionary
action that VPSA makes or undertakes at the request of the County under any of the County
Documents or any other document related to the VPSA Bonds.
16. Filing of Resolution The appropriate officers or agents of the County are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit
Court of the County of Frederick, Virginia.
17. Election to Proceed under Public Finance Act In accordance with Section 15.2-
2601 of the Virginia Code, the Board elects to issue the Local School Bond pursuant to the
provisions of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Virginia Code.
18. Further Actions The members of the Board and all officers, employees and
agents of the County are hereby authorized to lake such action as they or any one of them may
consider necessary or desirable in connection with the issuance and sale of the Local School
Bond and any such action previously taken is hereby ratified and confirmed.
19. Effective Date This Resolution shall take effect immediately.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Gene E. Fisher
Ave
Gary A. Lofton
Aye
Ross P. Spicer
Aye
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
PUBLIC HEARING - REZONING #01 -11 OF CARMEUSE NA — CLEARBROOK
REZONING, SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES AND
THOMAS MOORE LAWSON, ESQUIRE, TO REZONE 92 ACRES FROM RA
(RURAL AREAS) DISTRICT TO EM (EXTRACTIVE MANUFACTURING)
ARE LOCATED BETWEEN THE INTERSECTIONS OF ROUTE 11 WITH
BRUCETOWN ROAD (ROUTE672) AND WALTERS MILL LANE (ROUTE 836),
AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 44 -A-
83, 44- A -83A, AND 33 -A -144 (PORTION OF) IN THE STONEWALL
MAGISTERIAL DISTRICT. — ACTION POSTPONED UNTIL FIRST MEETING
IN JANUARY 2012
Deputy Planning Director Michael Ruddy appeared before the Board regarding this item.
Minute Book Number 37
Board of supervisors Regular Meeting of 09 117/11
• • 061
He advised this was a request to rezone 92 acres from RA (Rural Areas) District to EM
(Extractive Mining) District with proffers. The property is located on Martinsburg Pike just west
of the existing quarry. The applicant provided exhibit 2, which showed the location of the
proposed bean along Route 11 and the proposed berm along the adjoining residential properties.
The Planning Commission recommended approval of this rezoning application at its August 3,
2011 meeting. The Planning Commission recommended the Board of Supervisors work with the
Clearbrook Fire and Rescue Company regarding the future site of their station. Deputy Director
Ruddy noted the Planning Commission approved a waiver request to the modified buffer. The
waiver enables a 50 foot setback against Route I I and the adjacent residences rather than the
required 100 and 200 foot setbacks.
.Tim Bottom, Operations Manager for Carmeuse, appeared before board regarding this
item. He believed this rezoning request was a logical fit with the land already zoned EM. He
went onto say he met with many of the neighbors throughout this process and had established
good relationships. He stated this has been a clean and non- controversial request. He advised
the proffers reflect what the neighbors, agencies, and planning commission asked for. Mr.
Bottom stated the company provided stone, equipment, etc. to repair Walters Mill Lane beyond
the state maintained section. He noted they had responded to concerns regarding the railroad
crossing. They held three community meetings at the Stonewall Ruritan Building. He went on
to say the concerns that were raised were noise, dust, and blasting. He noted the company
brought in noise and blasting experts. He explained that the berms have been redesigned and
Proffers were added to address tree planting and berms. He went on to say the company
understands that it provides a large portion of the county's drinking water and he did not
understand why the dispute with the Sanitation Authority reached the level it has. He noted this
92 acre was selected because it is where the high quality limestone seam runs and has about 12 to
15 years of resources. They anticipated using this area in the next 7 to 15 years. He explained
the relocation of the ball fields was covered in the agreement Frederick County Sanitation
Authority. He concluded by reviewing the benefits Carmeuse brings to the community:
131 high quality industrial jobs;
- $7 -10 million annual payroll; and
- $18 -20 million spent in Virginia.
Mike Osbome, Austin Powder Company Technical Manager for the Southeast Division,
Minute Book Number 37
Board of Supervisors Regular Meeting of 09114/11
062 •
stated the quarry was safe and no explosives were stored on site. He explained that the company
hauls in the amount of explosives needed for the day. He explained that his company deals with
several regulatory agencies and when blasting was conducted within the required guidelines then
no structures would be damaged. He concluded by saying all methods they use are safe.
Supervisor Spicer asked how often the company blasted.
Mr. Bottom responded that when the economy was better they blasted one to two times
per week.
Scott Harvey, Phoenix Noise and Vibration, reviewed the issue of noise and noise
fundamentals. He explained that noise was measured around the 10 residences, Interstate 81,
Route 11, and Carmeuse. A computer model was then developed for the future site. He stated
that the noise level during construction of the berms would be equivalent to a hairdryer or loud
dishwasher.
Chairman Shickle asked if the loader noise was the loader engine or the backup beeper.
Mr. Harvey responded the maximum noise level was measured during quarry operation.
Supervisor Spicer asked how many times per day was material dumped into trucks.
Mr. Bottom responded 75 to 100 times per day.
Supervisor Collins asked if a specific decibel level was proffered.
Mr. Bottom responded they did not plan on putting a noise level in the proffer, as they
expected the berm to work.
Supervisor Collins asked what would happen if the berm did not work.
Mr. Bottom responded the company would work with the sound experts to see what
could be done.
Supervisor Lofton asked if there was any advantage to making the berm higher.
Mr. Harvey responded there was a point of diminishing returns. Ile noted the berm
would not reduce the background noise level.
Chairman Shickle asked if the noise level on Route I1 gets louder because it is running
into the berm.
Mr. Harvey responded no because there is a lot of absorption with the sloped planted
berm.
Supervisor Fisher noted there would be a limitation in height because of the terrain.
Ty Lawson, Attorney for the applicant, addressed the Board regarding this proposed
Minute Book Number 37
Board or Supervisors Regular Meeting of09 /14/11
. • 063
rezoning. He advised the berm was the best alternative to handle the noise and they were
addressed in the waiver approval process. He noted the applicant:
- proffered out asphalt and concrete plants as possible uses;
- limited commercial access to the existing entrance;
- is agreeable to the Planning Commission's request for a future entrance on Route 11,
but they have no need for one;
- proffered to preserve the Martin House. They put in an adaptive re -use to utilize it as
their office;
- put dust controls into the proffers to give the county enforcement authority in addition
to the state;
- proffered no permanent lighting above the berms; and
- agreed to plant trees during the first year following approval.
He went on to say this proposal would take vehicle trips off of Route I I in the future. At the
Planning Commission's request the applicant did add the ability to give more right -of -way along
Route 11. Mr. Lawson noted the proposed use was consistent with the Comprehensive Plan.
The applicant has made provisions for the agreement between Clearbrook Fire Company and the
quarry. He presented various letters addressing the proposed rezoning, responding to the
schools' concerns, and expressing support for the rezoning and asked that they be made a part of
the record. (Copies of the letters are on file in the Office of the County Administrator.) He
concluded by asking the Board of Supervisors for approval of this rezoning.
Supervisor Lofien asked who would determine what was to be planted on the berm to
make sure everyone was comfortable.
Mr. Lawson responded the applicant intentionally used the words in the proffer statement
because in Middletown the applicant ended up overplanting the berms He went on to say they
have held meetings with neighbors and believe they have established a good relationship with
them as there were no opposing comments at the Planning Commission hearing.
Chairman Shickle convened the public hearing.
Allie Santmyers, Back Creek District, asked the Board to vote in favor of the proposed
rezoning because of the positive impact the company has on the community. She stated the
quarry was important to her family. The company did a lot of work in the community and served
as a business partner with Sherando High School. She noted Carneuse was her step - father's
employer and asked that they be allowed to continue operating.
Bruce Carpenter, Gainesboro District and sales representative for Albin Tractor, stated
Minute Book Number 37
Board of Supervisors Regular Meeting of 09/14/11
=Won
0 0
his company repaired a lot of Caterpillar heavy equipment and they shared a professional
relationship with Carmeuse. He went onto say Canneuse makes land available for farmers to cut
hay and they provide substantial tax revenue to the county. He concluded by asking the Board to
approve the rezoning.
Jeff Jenkins, Pine Knoll Construction, stated he was a sub - contractor for Carmeuse and
they have kept eight (8) to 20 of his men busy over the last three years. He concluded by saying
he would like to see the Board approve the rezoning.
Mark Georgiana, Stonewall District, stated he was an employee since 1988. He noted
there were three generations working at the quarry in some places. He asked the Board to
approve the rezoning.
Mark Regan, Stonewall District, expressed his opposition to this application because it
does not improve the quality of life in the county. He was concerned about possible damage to
wells and the effects of dust on the air quality. He noted his daughter suffers from asthma
although there is no family history. He asked if the schools had received lest results coneIeming
the effect of dust on respiratory health. He went on to say the citizens in the area do not want the
quarry expansion and he asked the Board to deny this request.
There being no further public comments, Chairman Shickle closed the public hearing.
Supervisor DeHaven noted he would abstain from voting due to a possible conflict of
interest.
Supervisor Fisher stated he would like to give the applicant an opportunity to address
issues and concerns.
Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board
postponed this item until its first meeting in January 2012.
Supervisor Lofton stated he had some questions regarding the application, but felt 30
days was ample time to address his questions. He advised that he could not support putting it off
until January 2012.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Abstain
Gene E. Fisher
Aye
Gary A. Lofton
Nay
Ross P. Spicer
Aye
Minute Bark Number 37
Board of Supervisors Regular Meeting of 09/13/11
•
Eric Lawrence
From: Ty Lawson [tlawson @lsplc.com]
Sent: Monday, September 12, 2011 1:33 PM
To: Eric Lawrence
Subject: RE: Carmeuse rezoning staff report
Attachments: Lawrence ltr9- 12- 11.pdf
Please see the attached letter.
Thanks,
Ty
From: Eric Lawrence rmailto :elawrenc(cbco.frederick.va.usl
Sent: Monday, September 12, 2011 9:08 AM
To: Ty Lawson; Ronald A. Mislowsky
Subject: Carmeuse rezoning staff report
Good morning Ty and Ron.
Attached is the staff report for Carmeuse.
The entire 9/14/11 Board agenda item is accessible at:
http: / /www.co.frederick.va.us /planning /BOS /pdfs /BOS 09 -14 -11 Rezoning 01 -11 CarmuseNA Clearbrook.pdf
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540 - 665 -5651
540 - 665 -6395 (fax)
elawrenc(aco.frederick. va. u s
www. FrederickCountvVa.aov/Plannina
www.FrederickCountvVa.gov
No virus found in this message.
Checked by AVG - www.avg.com
Version: 10.0. 1392 / Virus Database: 1520/3891 - Release Date: 09/11/11
J
L.AWSON AND SILEK, P.L.C.
120 ESEn.H 1)Rl \'r., SI n E 2110
Post Of'f Fu x. Box 2740
NN N("RFsO:k. VA 22604
FUE.PWNE: (540) 665 -0050
FACSIMILE: (540) 722.4051
September 12, 2011
Eric Lawrence, Director
County of Frederick
Department of Planning and Development
107 North Kent Street, Suite 202
Winchester. VA 22601
u
THOMAS MOORS LAWSON 6 TLAWSONaNSPLC.COM
Re: Rezoning Application for Cameuse NA- Clearbrook Rezoning
Our File No. 462.013
VIA E - MAIL
Dear Eric:
Thank y ou for forwarding me the Staff Report. Strangely, I noted upon my review of the
exhibits that there are several letters missing from the correspondence, which ought to be
included. Of note is a letter responding to K. Wayne Lee's, Frederick County Public Schools,
comment letter and my letter to Rod Williams and Mike Ruddy dated May 11, 2011. 1 could not
help but to note that these are letters that were sent in the course of this rezoning and they were
either addressed to the person writing the letter with a copy to Frederick County Planning or
addressed directly to Planning. The net of this is they are most definitely in Planning's file and,
therefore. I think ought to be included. After you have looked at these, let me know how you
think it best to get this information out to the Board members. At the Planning Commission I
simply brought copies, and 1 will be happy to do the same thing for the Board hearing.
Also. 1'or your file is a copy of the updated Proffers. Intentionally, we have dated the
revision date showing September 12, 2011. You will note there have been no other revisions
other than the signatures and we are doing this to take out any concern that may exist with regard
to Exhibit 2. As you know, the text of the Proffers has remained unchanged since the July 12,
2011 revision.
I hope Mike is doing well with his recovery. Please let me know when you have some
time to catch up between now and Wednesday so we can discuss this rezoning further.
Very truly yours,
/s/ Thomas Moore Lawson
Thomas Moore Lawson
TM L:atd
Enclosures
cc: Canneuse Lime & Stone
FRONI BOA AL AONNf-Y: POT(J ftF BOX 602.1PONT PO\AI. VIMNIA 72630 .1ELEMOXE:I5401635,94I5.FAM MILE: (560)6319A21• 1:'MAH, 1511IKWIIASOIAAlMUK'ON
0
LAWS ®N AND SILEK, P.L.C.
120 ExETER DRrT. Sun x 200
Posy OFFICE BOX 2740
WRlcftrsrER, VA 22604
7YI.6PHoNE: (540) 665 -0050
PACSudiLE: (540) 7224051
May 23, 2011
Mr. K. Wayne Lee, Jr.
Coordinator of Planning and Development
Frederick County Public Schools
1415 Amherst Street
P.O. Box 3508
Winchester, VA 22604
s
THOMAS MOORE LAWSON• r AW50NR(ASPLC.COM
Re: Carmeuse Lime & Stone
Our File No. 462.013
VIA FACSIMILE AND U.S. MAIL
Dear Mr. Lee:
As you may know, I represent Carmeuse Lime & Stone ( "Carmeuse ") with regard to the
rezoning application submitted for portions of property that it owns in Clearbrook. Further, I am
in receipt of your letter dated April 18, 2011, which was attached to agency comments to the
proposed rezoning. In your letter, you raise several questions and concerns related to this
rezoning. With this correspondence, I respond to that letter. For your convenience, I have
responded to the paragraphs as you have numbered them in your letter.
As a general comment, Carmeuse takes every cautionary step to prevent impacts from its
operations to not only its employees working on site, but also to its neighbors. Carmeuse enjoys
a strong and positive record of working well with its neighbors in the communities where it
operates. Certainly with this proposed rezoning, we expect nothing different. Furthermore, like
any business or individual, we are liable for any damage or injury caused to another person or
possession. Carmeuse is also heavily regulated by not only State but also Federal authorities and
it also carves significant insurance to protect third parties from any accidental occurrence.
Carmeuse and any other operator of this mine will be required to act similarly and maintain its
own insurance and abide by all applicable regulations.
Paragraph 1 makes reference to a quarry wall collapse and whether measures are taken to
avoid such incidents.
FOOrrr ROVxL AOUxrss: P6x5 Omcx Box 603, PROXt P;MA4 VISWL`IIA 3300. TS1LEOxC (5� US}IIS, F.,rsaiu: (51B) US -9131, E.WIL: 651sY3 ®LYrQCOYNFCfrnM
I.IV aAnnnese: 10105 Mun Six[x *, Nrx 200, Fuvwy VIRGM4 33UO,lYInBOxc (1U) 351 -3615. P.,['mou (1U1151JIM, LMAIL: TwouasOLVaoryxtxaaB�rtr
•
Mr. K. Wayne Lee, Jr.
May 23, 2011
Page 2
Core samples are not an appropriate way to assess the stability of such a formation.
Carmeuse's operations in Clearbrook and, indeed, in Middletown and Strasburg as well, involve
the mining of limestone. Those mining operations have been continuously active by Carmeuse's
predecessors dating back to at least the 1700s. During that time, we have not heard of, or are
aware of, any collapse of the limestone walls. Indeed, the stone is very stable and the mining
techniques that are used further ensure there will be no collapse. All mines operated by
Carmeuse, including Clearbrook, are regularly inspected by both State and Federal authorities.
Those authorities deal with all aspects of mining operation and especially safety issues. They
further have regulations that must be, and are, strictly adhered to in order to address those issues
that include, but are not limited to, stability requirements. Furthermore, Regulation 4VAC25 -31-
330, Protected Structures and Sensitive Features; provides that mining activities shall be
conducted in a manner that protects cemeteries, public utilities, public buildings, public roads,
churches, and occupied dwellings."
Paragraph 2 asks a question regarding blasting damage. Carmeuse employs an outside
contractor to conduct all of its blasts. The contractor uses the latest techniques for blasting and
all blasts are controlled by computers. Further still, there are strict limits to all blasts to ensure
there is no damage caused by the blast to adjacent properties and, although it goes without
saying, to properties that are beyond the adjacent neighbors. Blasting done on behalf of
Carmeuse is safe and is conducted in a manner so as not to impact nearby structures.
Some neighbors have reported historically sensing or perceiving a rumbling or other
sound at the time a blast is set off as part of the mining operation. We have offered to put our
neighbors on a call list so they are advised prior to a blast occurring. Also, for neighbors who
have advised they have sensed or felt a rumbling as part of a blast, we have offered to install
seismographs on their property in order to get precise readings of the effects of the blasts. We
have offered to place Stonewall Elementary School on the call list for blasts, but the School
Administration has declined that offer. If you would like to receive a call as a representative of
Frederick County schools, please let me know, and I will see that you are added to that list.
Also, if you would like to have a seismograph installed on the school property, we will be
pleased to coordinate with you on that task.
Paragraph 3 discusses issues pertaining to dust. You are correct that dust is addressed on
site to ensure that it does not leave the property. Indeed, it is part of the mining permit for the
mine operator to ensure that dust does not migrate from the site. Regulation 4VAC25 -40 -740,
Dust Sources; provides that sources of dust shall be wetted down unless controlled by dry
collection measures. If you are experiencing or believe that dust is being allowed to leave the
site, please let us know immediately and we will take appropriate measures to address this issue.
Our dust is not a health hazard. Limestone dust is not classified as toxic by the
Occupational Safety and Health Administration. Furthermore, the American Conference of
Government Industrial Hygienists does not include limestone dust on its list of inhalation
hazards. You have stated that you have read information indicating that respiratory tract
ailments can result from inhaling quarry dust without specifying what type of dust is a concern.
While repeated exposure to breathable (respirable) silica dust is known to cause lung ailments,
the limestone in the Clearbrook quarry has extremely low silica content (less than 0.1 %) and
does not cause the ailments you describe. Also, employees are not required to wear respirators
0
Mr. K. Wayne Lee, Jr.
May 23, 2011
Page 3
0
for silica. As part of this comment you advised that you have read "...that limestone formations
can contain asbestos." Although it is difficult to comment on information that you have read,
you need to know that the limestone found in Carmeuse's quarries here in the Valley does not
contain asbestos or chemical compounds that cause, or contribute, to asbestos. Indeed, the
limestone that is mined in the Clearbrook area has been extensively tested and is very pure.
Limestone dust is considered to be safe enough to mark the baselines on Little League ball fields
(and all other sports fields). It is commonly applied to farmers' fields in this area in quantities of
hundreds of tons. Lime is also commonly applied to residential yards. .
Finally, your comment hints at the suggestion that there may be general respiratory
illnesses associated with living near the quarry operation. As stated above, Carmeuse and its
predecessors have been in operation for many, many years. During that time we are not aware of
respiratory or other problems affecting our neighbors, or for that matter, our employees.
Furthermore, as time has progressed, regulations governing and restricting impacts from mining
operations, including dust, have become more stringent. In response to those increasingly
stringent regulations, Carmeuse's operations have developed so as to further restrict those
impacts.
Paragraph 4 asks questions regarding anticipated noise. Carmeuse has conducted noise
evaluation studies to ensure that the neighbors who are immediately adjacent to;the quarry will
not be adversely affected by the quarry operations. Although it goes without saying, but it bears
reminding, those properties that are further away from the quarry than the adjacent property
owners will experience even lesser noise levels. The noise studies that have been conducted
confirm that with the installation of berms the noise levels experienced by our immediate
neighbors will be quite low and, indeed, less than the noise levels that are currently heard today
coming from I -81 and Route I I at those neighbors' houses. With regard to the school, the noise
levels from the quarry would be even less and, so again, the predominant noise impact on the
school would be from the noises that already exist coming from 1 -81, Route 11, and the railroad,
not from the quarry. We will be glad to meet with you and share the noise level information
generated by our sound engineering consultant, which was generated based on actual
measurements of our equipment and ambient noise levels in the area.
This paragraph also asks questions about a definition of acceptable noise levels. The
Frederick County ordinance does prescribe that one cannot generate excessive noise from one's
property so as to adversely affect a neighbor. Carmeuse certainly agrees with that, but with the
sound attenuation measures that are currently undertaken and will be undertaken on the property
to be mined as part of the rezoning, we are far less than those not -to- exceed limitations.
The comment in Paragraph 5 appears to suggest a discrepancy in the impact analysis
statement and plats generated as part of the rezoning and, in particular, the screening berm
section. What our impact analysis statement indicates is that only a portion of the property will
be actively mined, or will actually become a quarry pit. The berm will, of course, be located
beyond the boundary of the active pit and will be installed in a manner to ensure that there is
separation between the active quarry area and the adjoining properties. Also the berm will be
installed in a way that it not only mitigates sound, but it will also be planted and landscaped so it
is an attractive barrier for the adjoining property owners. The actual size and location of the
11
Mr. K. Wayne Lee, Jr.
May 23, 2011
Page 4
0
quarry will also be dictated by the exact location of the limestone being mined. Accordingly
there could be a variation in the size or location of the quarry as the mining operations proceed.
Paragraph 6 asks whether DMME (Department of Mines, Minerals and Energy) regulates
the distance that the quarry wall can be from a primary road or an emergency route. DMME
regulates the distance disturbed areas (meaning the quarry pit) can be from the property line and
that regulation says that it shall not extend closer than 25 feet to the property line. We are not
aware of any specific regulation that requires any setback or distance from the roads. What all of
this means is the closest the berm can come to the edge of our property /neighbor's property is 25
feet. The berm itself will be approximately 25 feet wide at the base so the minimum distance of
any excavation (pit) can occur to the road is 50 feet.
Paragraph 7 asks whether DMME regulates the steepness and height of quarry walls and
benching, as well as slope stability analyses. The heights of the walls are determined on a site -
by -site basis and are established by mining engineers. Benches are regulated by MSHA (Mine
Safety and Health Administration). Regulation 4VAC25 -31 -370, Slopes; provides the grade of
completed slopes shall be as described in the mineral mining plan. Long uninterrupted slopes
shall be provided with drainage control structures, such as terraces, berms, and waterways, to
minimize erosion due to surface run -off.
Paragraph 8 asks whether DMME regulates dust control. In response, I! incorporate my
previous response and also advise that yes, DMME does regulate dust control. Regulation
4VAC2540 -740, Dust Sources; provides that sources of dust shall be wetted down unless
controlled by dry collection measures.
Paragraph 9 asks whether DMME regulates noise levels. Yes, again, DMME, does
regulate noise levels and they are particularly concerned about the exposure of noise to the
employees who are actually working in and around the mine. Regulation 4VAC25 -40 -770,
Employee Exposure to Noise Limit; provides that except for surface mines which are inspected
by MSHA, employee exposure to noise shall not exceed the federal limit adopted for mineral
mines. If exposure exceeds the federal limit, the director may require the mine operator to
employ feasible engineering and administrative control measures. Operators shall provide
hearing protection upon request. As for noise levels outside the quarry property, they would
certainly be less than what our employees are exposed to. Our sound engineer assures us that
noise levels from mining outside the property will be less than the ambient noise from Route I 1
and I -81. Again, we will be glad to meet with you and share the noise level information.
Paragraph 10 asks whether DMME regulates the distance that a quarry wall can be from a
school. No, there are the setbacks as referenced in response to your question 6. There are also
setbacks called for by the Frederick County Zoning Ordinance that will apply. We are not
aware, however, of any specific setback that distinguishes between differing types of properties.
Paragraph 11 asks about other uses that are allowed in the Extractive Mining district and
whether those uses could have an impact on pupil transportation. The question further asks again
about impacts from noise, dust, and adds a comment about a potential odor that may come from
the site.
0 0
Mr. K. Wayne Lee, Jr.
May 23, 2011
Page 5
In response, we incorporate our responses as raised in your previous questions about dust
and noise. With regard to the newly raised question of odors, we point out that Frederick County
does not allow any property owner to generate offensive odors from its property to adversely
affect a neighboring property. As you may or may not know, there is already an asphalt plant
located on the Carmeuse property in Clearbrook. There is also an existing lime kiln and time
manufacturing facility on the Canneuse property. From your comment, I take it that the school
has not experienced a problem, difficulty, or irritation as a result of that plant's operation.
Carmeuse does not anticipate installing other uses on the property to be rezoned other than a
mining operation and we would not expect there to be issues such as those raised in your
question/comment 11.
Finally, your question/comment suggests that there may be additional vehicle trips onto
Route I1 as a result of the rezoning. Carmcuse's rezoning provides that there will be no
additional entrances installed to and from the rezoned property to Route 11. Carmeuse intends to
use its existing entrance. Accordingly, we would expect no additional vehicle trips on Route 11
and, therefore, do not expect any disruption to pupil transportation. Interestingly, the Frederick
County Comprehensive Plan depicts the area that Carmeuse is seeking to rezone to EM to be
Industrial. If that Comprehensive Plan were followed and the property was zoned to Industrial
instead of FM then almost certainly there would be a series of industrial facilities constructed
across the street from the school, and we would expect that there would be a significant increase
in truck and automobile traffic on Route 11. Again, that circumstance will not occur as part of
Carmeuse's proposed rezoning.
I trust that the above adequately responds to your questions /concerns. If, after reviewing
this, you have still additional comments, please do not hesitate to contact me, and we will be
pleased to get back to you with additional responses and information.
Thank you for your interest in our proposed rezoning and operations.
TML:atd
cc: Carmeuse Lime & Stone
Frederick County Department of Planning & Development
0
L,AWSON AND SILLK, P.L.C.
120 EXETER DRIVE, SUITE 200
POST OFFICE BOX 2740
WINCHESTER VA 22604
TELEPHONE: (540) 665-0050
FACSIMILE: (540) 722 -4051
May 11, 2011
Roderick B. Williams, Esquire
County Attorney
Michael T. Ruddy, Deputy Director
Planning and Development
County of Frederick
107 North Kent Street
Winchester, VA 22601
0
THOMAS MOORE L AWSON • TLIWSONIaLSPLC.COM
Re: Carmeuse Lime & Stone
Our File No. 462.013
VI E -MAIL AND F
Dear Gentlemen:
As you know, last week a rezoning application for Carmeuse Lime &Stone was filed
with Frederick County. Since the filing, there has been correspondence by and between
Frederick County Planning and Carmeuse and its engineers regarding the application and,
specifically, demanding that Carmeuse file with its application a surveyed plat, depicting the
existing zoning line on a portion of its property that has been requested to be rezoned.
As the application indicates, Carmeuse is seeking to rezone portions of property that it
owns and, has owned for years, and all the tract of land that was more recently acquired and has
been described as the Martin Farm. Depicting the existing zoning line on the larger parcel (144)
is problematic because there are several different plat references to the location of the zoning line
from EM to RA in the Frederick County files. Further still, this has been made more
complicated by the fact that historically, when the zoning was created and imposed on property
in Frederick County, all of the properties owned by the W.S. Frey Company, Inc. quarry were
designated as EM. Parcel 144 is a tract of land that was owned by W.S. Frey Company, Inc. at
that time and we believe was or should have been zoned EM at that time.
More recently we have received correspondence from Mike Ruddy of Planning that he
believes depicts a rezoning that was filed for approximately thirty acres south of the then existing
Walters Mill Lane. As I recall, there was a filing in the 1990s and it was done as part of an
agreement to relocate and construct improvements to Walters Mill Lane. Unfortunately that plat
does not give us much guidance because Parcel 144 (depicted as Parcel 96 on said plat) shows
EM zoning on all of Parcel 144.
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Roderick B. Williams, Es tire, et al. •
May 11, 2011
Page 2
The County has a responsibility of maintaining and updating zoning maps. Obviously,
there is confusion within the County files as to the exact zoning line across Parcel 144. The
good news is this rezoning proposes to rezone in its entirety Parcel 144 and thus clear up any
confusion in the County files.
It is further Carmeuse's position that to try to define the exact location of the EM /RA
zoning line on this tract of land is an impossible task and, again, arguably, may not be required to
be done at all given the historical designation of all of the W.S. Frey Company, Inc. land as EM
back when zoning was first imposed upon the real property in Frederick County.
Fortunately, with regard to the Martin Farm none of these issues exist. The Martin chain
of title was such that it was never owned by W.S. Frey Company, Inc. or any of its related
entities. This property, although it is bounded on all sides by quarry property and Route 11, is
well defined and clearly zoned as RA.
Therefore, in an effort to move this matter forward and after consultation with the County
Attorney, it is Carmeuse's suggestion that the application for rezoning, which includes copies of
plats depicting existing zoning as is reflected on the County's website, along with a metes and
bounds description for Parcel 144 and the Martin Farm parcel, is suffrcient!to satisfy the
requirements of the Frederick County ordinance, which requires "a survey or plat of the entire
parcel with the location of all proposed zoning boundary lines." No one can dispute that the
survey of the entire parcels (both Parcel 144 and the Martin Farm) has been filed!and submitted
with the application. Further still, the proposed zoning boundary lines are also more than
adequately depicted because what is proposed is to zone in its entirety Parcel 144. With regard to
the comments about depicting the existing demarcation line between EM and RA, that
"requirement" is no where found in the application materials, which "...must be submitted..." as
part of the rezoning application.
We are aware there are filing deadlines that have now passed in order to get on the
upcoming agendas for Planning Commission and Board of Supervisors. Accordingly, we request
that this application be deemed as filed so we do not miss any upcoming deadlines and, in
particular, so that this rezoning can be heard by the Planning Commission at its June 15'
meeting.
Thank you for your anticipated assistance and cooperation. If you have any questions or
continents, please contact me immediately.
TML:atd
cc: Carmeuse Lime & Stone
Th mas Moore Lawson
0 0
PROPOSED PROFFER STATEMENT
REZONING: RZir 01 -1 l
Rural Areas (RA) to Extractive Manufacturing (EM)
PROPI R'TY: 92 Acres + / -;
'fax Map Parcels 44 -A -83 and 44 -A -83A and a portion of Tax Map
Parcel 33 -A -144 (the "Properties')
RECORD OWNER: O -N Minerals (Chenistone) Company d /b /a Carmeuse Lime &
Stone
API'LICAN "h: O -N Minerals (Chemstone) Company d /b /a Carmeuse Lime &
Stone ( "Applicant ")
PROJ ITT NAMI?: Winchester /Clearbrook
ORIGINAL DATH
Ol; 1 RUhh1 February 8, 2011
REVISION DATF[(S): June 2, 2011..1une 21, 201 1..1uIy 12, 2011. September 12. 2011
The undersigned Applicant hereby proffers that the use and development of the portions
of the above - referenced parcels, which are requested to be rezoned, the portions requested to be
rezoned being shown on the attached and incorporated plat identified as " Exhibit L " 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, 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 eftect 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 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 Properties adjacent to or including the improvement or other
protlered 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.
0
La nd Use
0
1.1 fhe 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
("VDMMf?" ), and shall therefore conform to the Mineral Mining Law and
Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia.
1.2 fhe Applicant hereby profilers not to engage in the following use on the
Properties-
Asphalt and concrete mixing plants.
Site Development
2.1 The Properties' access via public secondary roads shall be limited to file existin
quarry entrance on Brucetown Road (Route 672) unless another entrance is
agreed upon by Frederick County or VDOT at some time in the future. Access by
vehicles needed fix periodic maintenance of the Properties shall not be limited.
2.2 A combination of landscaping, earthen berms, and fencing shall be installed
around the Properties in the areas depicted on the attached and incorporated plat
identified as " Exhibit 2 ." The landscaping shall have a mix of deciduous and
coniferous plantings placed in a random manner to be consistent with existing
vegetation patterns. Applicant proffers to plant trees in the places identified on
the attached and incorporated plat within one year from the (late . of' unappealable
zoning approval.
3. Historic Resources
3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties.
The result of the archaeological survey is that the Properties do not have historical
significance with the exception of the Martin farmhouse. The Applicant will put
the Martin farmhouse into adaptive reuse in the future. 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 It Archaeological Survey of the area adjacent to a
spring near the Martin farmhouse is being conducted.
4. Dust Control
4.1 Dust from drills, muck piles, material handling. screens, crushers. conveyors,
feeders. hoppers. stockpiles, load -outs, and traffic areas shall be controlled by wet
suppression or equivalent, and controlled by and consistent with the terms of the
Virginia Department of Environmental Quality ( "VDEQ ") general air permit. Be '
Applicant shall remediate any adverse impacts to surrounding properties caused
by dust associated with the mining operations on the Properties.
I
0
5. Bl asting Control
9
I All blasting associated with mining operations on the Properties shall be limited
by the mining permit approved by the DMM of the VDMME. Peak Particle
Velocities (PPV) associated with blasting on the Properties shall not exceed the
levels stipulated by said permit. Any damage to surrounding properties caused by
hlasting on the Properties shall be remediated at the Applicants expense.
6. Traffic
6.1 The Applicant proposes as part of this rezoning to not install entrances for
vehicular traffic on Route I I unless agreed by Frederick County or VDOT at
sonic time in the future. The Applicant proffers to continue to use its existing
entrance on 13rucetown Road (Route 672). The result of the use contemplated by
the rezoning is that there will be a reduction in existing trips from the Properties
that currently enter and exit on Route 11. In the future, given that there will be no
vehicular trips to and from Route I I from the Properties, the number of vehicular
trips will decrease from not only the existing status but also what would be
contemplated should the Properties be developed or zoned to anV other use
including, but not limited to. industrial which is what is currently depicted on the
County's Comprehensive Plan for the Properties.
62 Within the fifty foot (50') setback from Route 11. the Applicant agrees to dedicate
up to twenty feet (20`) to Frederick County or the Virginia Department of'
Transportation within thirty (30) days of demand of said dedication from either
Frederick County or the Virginia Department of Transportation :for the purposes
of expansion of Route 1 I (Valley Pike) to install additional lanes of travel and
other improvements associated with the Route 1 I (Valley Pike) expansion. Upon
said dedication the remaining land in the setback shall be unaffected and shall
continue to serve as a buffer and screening betvicen the operations of the quarry
and the right -of -way. In the event the dedication and subsequent development of
said land shall adversely affect the aforementioned buffer and screening then the
Applicant shall at its discretion alter, amend or relocate the aforementioned buffer
and screening.
7. Operational Noise Abatement
7.1 The Applicant will make all reasonable efforts to locate mining machinery in the
quarry pit or behind berms.
R. lJO iting
8.1 There shall be no affixed lighting structures above - ground on the berms other than
as may be required for or provided by regulations that affect the plant operations,
including. but not limited to. Mine Safety Health Administration ( "MSIIA ").
VDMME. and any other governmental or regulatory body that oversees mining
3
operations. Lighting used for devices or machines that conv=ey materials or for
pit crushing facilities and other mining activities is pennitted. 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. In addition to the above, all lighting will be installed in
such a manner that there will be no spillover beyond any property line of' the
Applicant onto adjacent properties not owned by the Applicant.
9. Air Permit
9.1 The Applicant shall maintain its existing general air permit controlling emissions
in accordance with the V D1:Q standards and also see that the existing general air
permit covers all activities conducted on the rezoned Properties.
10. Environment
10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination
System 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 that satisfies the requirements of all
applicable discharge permits.
4
0 0
ReSPWI`1111y 7 submitted.
O -N MINERALS (CHEMSTONE) COMPANY
d/b /a CARMFUSE LIME cX STONE
13_: ro---
Its: q�� o pF,zn to N J MRNA�E�
COMM(.)NWLAI.TFI OF VIRGINIA, AT LARGE
Cot iNTY OF FREDERICK. to -wit:
The foregoing instrument teas acknowledred before me this daY o G�
2011, by cz!n�3_1_�'
, "ttlll fil 1/`
tie ?�Y'' •. NOTARY LIC
Mp commission expires: -
=
Registration number: = F �• + =5
I
0
s
FRANCES' G. MARTIN as holder of tife estate interest in parcel 44 -A -83
COMMON%VEAL fH OF VIRCANLA, AT LARGE
COLIN'I - Y OF FRFDE.RICK, to -wit:
The foregoing instrument was acknowledged before me this day of _S
2011, by FRANCES G. MARTIN as holder of life estate interest in parcel 44 -A -83.
A.
., NOTARY BLIC
eA AOT44 - -.
Pt'�Cl. <
\4y commission expires: -' �
Registration number: Ycncwm_� -
l
•
Eric Lawrence
From:
Eric Lawrence
Sent:
Monday, September 12, 2011 1:44 PM
To:
'Ty Lawson'
Cc:
Mike Ruddy
Subject:
RE: Carmeuse rezoning staff report
Hi Ty
The staff report prepared for the Board was consistent with that provided to the PC, with the additional of the 8/3/11 PC
meeting summary. The omitted letters could be handed out at the Board as they were as the PC.
Mike is back in the office this week, so he'll be presenting the Carmeuse application to the Board on Wednesday.
Thanks
-Eric
From: Ty Lawson fmailto:tlawsonPIsplc.coml
Sent: Monday, September 12, 2011 1:33 PM
To: Eric Lawrence
Subject: RE: Carmeuse rezoning staff report
Please see the attached letter.
Thanks,
Ty
From: Eric Lawrence [ mai Ito: elawrend1co.frederick.va.usl
Sent: Monday, September 12, 20119:08 AM
To: Ty Lawson; Ronald A. Mislowsky
Subject: Carmeuse rezoning staff report
Good morning Ty and Ron.
Attached is the staff report for Carmeuse.
The entire 9/14/11 Board agenda item is accessible at:
http: / /www.co. frederick .va.us /planning /BOS /pdfs /BOS 09 -14 -11 Rezoning 01 -11 CarmuseNA Clearbrook.pdf
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540 - 665 -5651
540- 665 -6395 (fax)
elawrenc @co. Frederick. va. us
www.FrederickCountvVa.gov/Planning
www.FrederickCountvVa.gov
No virus found in this message.
Checked by AVG - www.av2.com
Version: 10.0. 1392 / Virus Database: 1520/3891 - Release Date: 09/11/11
• Cedar Creet Battleli fd (Foundation
P.O. (AoX229
Atidd(etoui4 Vfl 22645
7erephone (340) 869 -2064
2aX(540) 869 -1438
cedarcrk@visuallink.com
� www.cedcircreekbattlefield.org
September 9, 2011
Mr.
Richard C. Shickle
Mr.
Charles S. Dehaven, Jr.
Mr.
Christopher E. Collins
Mr.
Gene E. Fisher
Mr.
Bill M. Ewing
Mr.
Gary A. Lofton
Mr.
Ross P. Spicer —_
Frederick County Board of Supervisors
107 North Kent Street
Winchester. VA 22601
Gentlemen:
I understand that Carmeuse Lime and Stone has asked for lands at or near their Clearbrook quarry to be
rezoned and will be appearing before you in the near future with this request. While the Cedar Creek
Battlefield Foundation has no direct involvement in the current rezoning, I do want to make you aware of the
working relationship we have experienced with Carmeuse since the Middletown rezoning in 2007.
The thing that has always impressed all of us at the Foundation is how easy it is to contact and communicate
with the staff and leadership of Carmeuse. My further observation is they treat everyone with professional
courtesy. We have also found that their follow up on matters they agree to review actually occurs in a timely
fashion.
While their good communications and professional courtesy are appreciated, what really matters to us is that
they keep their word and follow-through on their agreements. In 2007, the Foundation entered into an
agreement with Carmeuse, and thus far they have completed or are completing those items they agreed to
accomplish.
In addition, Carmeuse has been a good neighbor to the Cedar Creek Battlefield Foundation and regularly
provides local employees to assist with our annual reenactment, stone to stabilize our field roadways, and
archeological studies to identify historic resources.
I hope you find this information helpful in your deliberations of their recent rezoning request.
Sincerely,
Timothy 5. towe
President
0
I N
SEP 2 2011
. 1 •
Eric Lawrence
0
From: Ty Lawson [tlawson @lsplc.com]
Sent: Wednesday, September 07, 2011 5:23 PM
To: Eric Lawrence; 'Ronald A. Mislowsky'
Subject: RE: Carmeuse
Attachments: Exhibit_2.pdf, Proffers.pdf
Per your request, attached are the signed proffers and exhibit 42. Thanks, Ty
From: Eric Lawrence f mailto :elawrenc(a)co.frederick.va.us]
Sent: Wednesday, September 07, 2011 1:09 PM
To: Ronald A. Mislowsky; tlawson(a)lsplc.com
Subject: Carmeuse
Ty and Ron-
Mike's on sick leave recovering rom surgery, g g ry, and in his absence I'm assembling the Board's Sept 14th agenda where the
Carmeuse application will be considered. I understand that there is now signed proffers (that go with the July 12, 2011
proffer revision), as well as an Exhibit #2 dated July 28, 2011. But I'm not finding these two documents in my file.
Please send me a PDR of these two documents so that I can include them with the Board's agenda. I submit the agenda
first thing Thursday (tomorrow) morning, so prompt response is appreciated.
Thanks!
-Eric
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540 - 665 -5651
540 - 665 -6395 (fax)
elawrenc @co.frederick.va. u s
www. FrederickCou ntvVa. gov /Planning
www.FrederickCountvVa.gov
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PROPOSED PROFFER STATEMENT
REZONING: RZ# 01 -11
Rural Areas (RA) to Extractive Manufacturing (EM)
PROPERTY: 92 Acres + / -;
Tax Map Parcels 44 -A -83 and 44 -A -83A and a portion of Tax Map
Parcel 33 -A -144 (the "Properties ")
RECORD OWNER: 0 -N Minerals (Chemstone) Company d/b /a Carmeuse Lime &
Stone
APPLICANT: O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime &
Stone (`Applicant ")
PROJECT NAME: Winchester /Clearbrook
ORIGINAL DATE
OF PROFFERS: February 8, 2011
REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011
The undersigned Applicant hereby proffers that the use and development of the portions
of the above - referenced parcels, which are requested to be rezoned, the portions requested to be
rezoned being shown on the attached and incorporated plat identified as " Exhibit 1 ," 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, 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 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 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.
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
( "VDMME "), 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 use on the
Properties:
Asphalt and concrete mixing plants.
Site Development
2.1 The Properties' access via public secondary roads shall be limited to the existing
quarry entrance on Brucetown Road (Route 672) unless another entrance is
agreed upon by Frederick County or VDOT at some time in the future. Access by
vehicles needed for periodic maintenance of the Properties shall not be limited.
I
2.2 A combination of landscaping, earthen berms, and fencing shall be installed
around the Properties in the areas depicted on the attached and iincorporated plat
identified as " Exhibit 2 ." The landscaping shall have a mix of deciduous and
coniferous plantings placed in a random manner to be consistent with existing
vegetation patterns. Applicant proffers to plant trees in the places identified on
the attached and incorporated plat within one year from the date of unappealable
zoning approval.
3. Historic Resources
3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties.
The result of the archaeological survey is that the Properties do not have historical
significance with the exception of the Martin farmhouse. The Applicant will put
the Martin farmhouse into adaptive reuse in the future. 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.
4. Dust Control
4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors,
feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet
suppression or equivalent, and controlled by and consistent with the terms of the
Virginia Department of Environmental Quality ( "VDEQ ") general air permit. The
Applicant shall remediate any adverse impacts to surrounding properties caused
by dust associated with the mining operations on the Properties.
5. Blasting Control
5.1 All blasting associated with mining operations on the Properties shall be limited
by the mining permit approved by the DMM of the VDMME. Peak Particle
Velocities (PPV) associated with blasting on the Properties shall not exceed the
levels stipulated by said permit. Any damage to surrounding properties caused by
blasting on the Properties shall be remediated at the Applicant's expense.
6. Traffic
6.1 The Applicant proposes as part of this rezoning to not install entrances for
vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at
some time in the future. The Applicant proffers to continue to use its existing
entrance on Brucetown Road (Route 672). The result of the use contemplated by
the rezoning is that there will be a reduction in existing trips from the Properties
that currently enter and exit on Route 11. In the future, given that there will be no
vehicular trips to and from Route 11 from the Properties, the number of vehicular
trips will decrease from not only the existing status but also what would be
contemplated should the Properties be developed or zoned to any other use
including, but not limited to, industrial which is what is currently depicted on the
County's Comprehensive Plan for the Properties.
6.2 Within the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate
up to twenty feet (20') to Frederick County or the Virginia Department of
Transportation within thirty (30) days of demand of said dedication from either
Frederick County or the Virginia Department of Transportation for the purposes
of expansion of Route 11 (Valley Pike) to install additional lanes of travel and
other improvements associated with the Route 11 (Valley Pike) expansion. Upon
said dedication the remaining land in the setback shall be unaffected and shall
continue to serve as a buffer and screening between the operations of the quarry
and the right -of -way. In the event the dedication and subsequent development of
said land shall adversely affect the aforementioned buffer and screening then the
Applicant shall at its discretion alter, amend or relocate the aforementioned buffer
and screening.
7. Operational Noise Abatement
7.1 The Applicant will make all reasonable efforts to locate mining machinery in the
quarry pit or behind berms.
8. Lighting
8.1 There shall be no affixed lighting structures above - ground on the berms other than
as may be required for or provided by regulations that affect the plant operations,
including, but not limited to, Mine Safety Health Administration ( "MSHA "),
VDMME, and any other governmental or regulatory body that oversees mining
3
operations. Lighting used for devices or machines that convey materials or for
pit crushing facilities and other mining activities is permitted. 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. In addition to the above, all lighting will be installed in
such a manner that there will be no spillover beyond any property line of the
Applicant onto adjacent properties not owned by the Applicant.
9. Air Permit
9.1 The Applicant shall maintain its existing general air permit controlling emissions
in accordance with the VDEQ standards and also see that the existing general air
permit covers all activities conducted on the rezoned Properties.
10. Environment
10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination
System 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 that satisfies the requirements of all
applicable discharge permits.
4
Respectfully submitted,
O -N MINERALS (CHEMSTONE) COMPANY
d/b /a CARMEUSE LIME & STONE
By: 7a e E7 - om
Its: lea 0oer4_-A0 -v S ma.>afer
COMMONWEALTH OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, to -wit:
The foregoing instrument was acknowledged before me this CW Cy of
2011, by c 5 E. 6 *ffn rv,
' 4 4! ,"o 1 41
"""" NOTARY PUBLIC
My commission expires: �7!/ cYD/a
Registration number: ` ��/ /kd
" ' 0%1 0 H ilt //
= CO PUBLIC
_ ; REG # 357mis 7�
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O • Elfrs : Q
413QWe :
rrrnnrrt��`
FRANCES G. MARTIN as holder of life estate interest in parcel 44 -A -83
COMMONWEALTH OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, to -wit:
The foregoing instrument was acknowledged before me thisday of
2011, by FRANCES G. MARTIN as holder of life estate interest in parcel 44 -A -83
\y NOTARY PUBLIC
My commission expires ' REG # 324�3s ON
Registration number: : o' " T pIRE5
% li' •, tol3w 'Q
••........ 4�
`v,,'FA0 \`
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31
0 0
Eric Lawrence
From:
Ty Lawson [tlawson @lsplc.com]
Sent:
Thursday, September 08, 2011 4:03 PM
To:
Eric Lawrence
Subject:
FW: Carmeuse Exhibit with new Date
Attachments:
Revised Exhibit 2 9- 8- 11.pdf
Eric, attached is a revised exhibit 2 with a date that predates the proffers, thanks, Ty
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Eric Lawrence
From: Ty Lawson [tlawson @lsplc.com]
Sent: Wednesday, September 07, 2011 5:23 PM
To: Eric Lawrence, 'Ronald A. Mislowsky'
Subject: RE: Carmeuse
Attachments: Exhibit_2.pdf; Proffers.pdf
Per your request, attached are the signed proffers and exhibit #2. Thanks, Ty
From: Eric Lawrence jmailto :elawrenc(�)co.frederick.va.us1
Sent: Wednesday, September 07, 20111:09 PM
To: Ronald A. Mislowsky; tlawson(EbIsplc.com
Subject: Carmeuse
Ty and Ron-
Mike's on sick leave recovering from surgery, and in his absence I'm assembling the Board's Sept 14th agenda where the
Carmeuse application will be considered. I understand that there is now signed proffers (That go with the July 12, 2011
proffer revision), as well as an Exhibit #2 dated July 28, 2011. But I'm not finding these two documents in my file.
Please send me a PDR of these two documents so that I can include them with the Board's agenda. I submit the agenda
first thing Thursday (tomorrow) morning, so prompt response is appreciated.
Thanks!
Eric
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540 - 665 -5651
540 - 665 -6395 (fax)
elawrenc(d,)co.frederick. va. us
www.FrederickCountyVa.gov/PJanning
www.FrederickCountvVa.gov
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Checked by AVG - www.ava.com
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0
Eric Lawrence
0
From: Ty Lawson [tlawson @lsplc.com]
Sent: Wednesday, September 07, 2011 5:23 PM
To: Eric Lawrence, 'Ronald A. Mislowsky'
Subject: RE: Carmeuse
Attachments: Exhibit_2.pdf; Proffers.pdf
Per your request, attached are the signed proffers and exhibit #2. Thanks, Ty
From: Eric Lawrence fmailto :elawrenc(a@co.frederick.va.us]
Sent: Wednesday, September 07, 2011 1:09 PM
To: Ronald A. Mislowsky; tlawson(OIsplc.com
Subject: Carmeuse
Ty and Ron-
Mike's on sick leave recovering from surgery, and in his absence I'm assembling the Board's Sept 14th agenda where the
Carmeuse application will be considered. I understand that there is now signed proffers (that go with the July 12, 2011
proffer revision), as well as an Exhibit #2 dated July 28, 2011. But I'm not finding these two documents in my file.
Please send me a PDR of these two documents so that I can include them with the Board's agenda. I submit the agenda
first thing Thursday (tomorrow) morning, so prompt response is appreciated.
Thanks!
-Eric
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540 - 665 -5651
540 - 665 -6395 (fax)
elawrenc(d-)co.frederick.va. us
www. FrederickCountvVa. aov /Plann ina
www.FrederickCountvVa.gov
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Mike Ruddy
From: Ty Lawson [tlawson @lsplc.com)
Sent: Wednesday, August 03, 2011 9:46 AM
To: Mike Ruddy
Subject: CARMEUSE
Attachments: Berm Exhibit 2 8- 3- 11.pdf
Mike,
As a follow up to our telephone call of yesterday, please find a revised Exhibit 2, which I
believe incorporates all of the changes we discussed.
Unless I hear from you to the contrary, I will assume you are in agreement that this revised
Exhibit 2 is acceptable to the County. I will have this revised Exhibit I2 delivered to you
this morning on disk. My plan is to submit only this Exhibit to Planning Commission this
evening as opposed to giving all the other Exhibits. It seems to me that giving the old ones
plus this new one would be somewhat confusing. I will assume you agree to this strategy
unless I hear from you.
Thanks for all your help.
Ty
Thomas Moore Lawson, Esquire
Lawson and Silek, P.L.C.
P.O. Box 2740
Winchester, VA 22604
Ph: 540- 665 -0050
Fax: 540- 722 -4051
Email: tlawson(Ksplc.com
The information contained in this 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.
Thank you.
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Mike Ruddy
From:
Rod Williams
Sent:
Friday, July 29, 2011 2:31 PM
To:
Eric Lawrence, Mike Ruddy
Subject:
Carmeuse - Clearbrook
Eric /Mike,
As I will not be here next week, I wanted to get to you the comments that I have on the
revised proffers:
• In Proffers 2.1 and 6.1, the changes regarding access to Route 11 actually make the proffers
less restrictive than they were previously. I do not believe this presents a legal impediment to
proceeding, but I just wanted to draw attention to the fact that this is the opposite direction from
the way things usually proceed (though I recognize that at least one member of the PC
encouraged this change).
• In Proffer 3.1, regarding the commitment for adaptive reuse of the farmhouse, the Proffer
simply commits to do so "in the future ". Without any definite time stated, this is not really a
commitment.
• In Proffer 6.2, the last sentence, regarding effects of future development on the buffering and
screening, the Proffer likewise makes no actual commitment, instead saying "the Applicant
shall at its discretion alter, amend or relocate the aforementioned buffer and screening."
1
Should anything come up next week, you can reach me at 703 - 927 - 8403.
'..
Roderick B. Williams
County Attorney
County of Frederick, Virginia
107 North Kent Street, 3rd Floor
Winchester, Virginia 22601
Telephone: (540) 722 -8383
Facsimile: (540) 667 -0370
E- mail: rwillia(a)co.frederick.va.us
1
0 0
MEMORANDUM
TO: Michael T. Ruddy, Deputy Director
FROM: Thomas Moore Lawson, Esquire IAly
DATE: July 27, 2011
Re: Rezoning Application #01 -11
Our File No. 462.013
Per your request, enclosed please find the original signed Proffers regarding the
above - referenced matter.
Thank you.
' :. JUL 2 7 2011
PROPOSED PROFFER STATEMENT
REZONING: RZ# 01 -11
Rural Areas (RA) to Extractive Manufacturing (EM)
PROPERTY: 92 Acres + / -;
Tax Map Parcels 44 -A -83 and 44 -A -83A and a portion of Tax Map
Parcel 33 -A -144 (the "Properties ")
RECORD OWNER: O -N Minerals (Chemstone) Company d /b /a Carmeuse Lime &
Stone
APPLICANT: O -N Minerals (Chemstone) Company d /b /a Carmeuse Lime &
Stone ( "Applicant ")
PROJECT NAME: Winchester /Clearbrook
ORIGINAL DATE
OF PROFFERS: February 8, 2011
REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011
The undersigned Applicant hereby proffers that the use and development of the portions
of the above - referenced parcels, which are requested to be rezoned, the portions requested to be
rezoned being shown on the attached and incorporated plat identified as " Exhibit L ' 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, 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 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 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.
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
( "VDMME "), 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 use on the
Properties:
Asphalt and concrete mixing plants.
2. Site Development
2.1 The Properties' access via public secondary roads shall be limited to the existing
quarry entrance on Brucetown Road (Route 672) unless another entrance is
agreed upon by Frederick County or VDOT at some time in the future. Access by
vehicles needed for periodic maintenance of the Properties shall not be limited.
2.2 A combination of landscaping, earthen berms, and fencing shall be installed
around the Properties in the areas depicted on the attached and incorporated plat
identified as " Exhibit 2 ." The landscaping shall have a mix of deciduous and
coniferous plantings placed in a random manner to be consistent with existing
vegetation patterns. Applicant proffers to plant trees in the places identified on
the attached and incorporated plat within one year from the date of unappealable
zoning approval.
3. Historic Resources
3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties.
The result of the archaeological survey is that the Properties do not have historical
significance with the exception of the Martin farmhouse. The Applicant will put
the Martin farmhouse into adaptive reuse in the future. 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 11 Archaeological Survey of the area adjacent to a
spring near the Martin farmhouse is being conducted.
4. Dust Control
4.1 Dust from drills, muck piles, material handling, screens. crushers, conveyors,
feeders, hoppers, stockpiles. load -outs, and traffic areas shall be controlled by wet
suppression or equivalent, and controlled by and consistent with the terms of the
Virginia Department of Environmental Quality ( "VDEQ ") general air permit. The
Applicant shall remediate any adverse impacts to surrounding properties caused
by dust associated with the mining operations on the Properties.
•
5. Blasting Control
0
5.1 All blasting associated with mining operations on the Properties shall be limited
by the mining permit approved by the DMM of the VDMME. Peak Particle
Velocities (PPV) associated with blasting on the Properties shall not exceed the
levels stipulated by said permit. Any damage to surrounding properties caused by
blasting on the Properties shall be remediated at the Applicant's expense.
6. Traffic
6.1 The Applicant proposes as part of this rezoning to not install entrances for
vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at
some time in the future. The Applicant proffers to continue to use its existing
entrance on Brucetown Road (Route 672). The result of the use contemplated by
the rezoning is that there will be a reduction in existing trips from the Properties
that currently enter and exit on Route 1 I . In the future, given that there will be no
vehicular trips to and from Route 1 1 from the Properties, the number of vehicular
trips will decrease from not only the existing status but also what would be
contemplated should the Properties be developed or zoned to any other use
including, but not limited to, industrial which is what is currently depicted on the
County's Comprehensive Plan for the Properties.
6.2 Within the fifty foot (50') setback from Route 1 I, the Applicant agrees to dedicate
Lip to twenty feet (20') to Frederick County or the Virginia Department of
Transportation within thirty (30) days o1' demand of said dedication from either
Frederick County or the Virginia Department of Transportation for the purposes
of expansion of Route 11 (Valley Pike) to install additional lanes of travel and
other improvements associated with the Route I I (Valley Pike) expansion. Upon
said dedication the remaining land in the setback shall be unaffected and shall
continue to serve as a buffer and screening between the operations of the quarry
and the right -of -way. In the event the dedication and subsequent development of
said land shall adversely affect the aforementioned buffer and screening then the
Applicant shall at its discretion alter, amend or relocate the aforementioned buffer
and screening.
7. Operational Noise Abatement
7.1 The Applicant will make all reasonable efforts to locate mining machinery in the
quarry pit or behind berms.
8. Lighting
8.1 There shall be no affixed lighting structures above- ground on the berms other than
as may be required for or provided by regulations that affect the plant operations,
including, but not limited to, Mine Safety Health Administration ( "MSFIA "),
VDMME, and any other governmental or regulatory body that oversees mining
3
operations. Lighting used for devices or machines that convey materials or for
pit crushing facilities and other mining activities is permitted. 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. In addition to the above, all lighting will be installed in
such a manner that there will be no spillover beyond any property line of the
Applicant onto adjacent properties not owned by the Applicant.
9. Air Permit
9.1 The Applicant shall maintain its existing general air permit controlling emissions
in accordance with the VDEQ standards and also see that the existing general air
permit covers all activities conducted on the rezoned Properties.
10. Environment
10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination
System 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 that satisfies the requirements of all
applicable discharge permits.
4
Respectfully submitted,
O -N MINERALS (CHEMSTONE) COMPANY
d /b /a CARMEUSE LIME & STONE
By: ; d a es E• 3o Om
Its: /tr<O ODe�at�s Mc�rla�Cr
COMMONWEALTH OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, to -wit:
41
The foregoing instrument was acknowledged before me this Cw day of u�
201 1, by F & 'f'i'n or)
NOTARY PUBLIC
My commission expires:
Registration number:
'HAUS ' '
P 4 ; •' NOTARY' yf
= y ' I-..- #357188
0: MY CCt.•R .SS10C1
EXr9kES
4130/20/,� '
', "ALTH
film NON
E
0
FRANCES G. MARTIN as holder of life estate interest in parcel 44 -A -83
COMMONWEALTH OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, to -wit: ,
The foregoing instrument was acknowledged before me thisr �l���C�� — d ly of
2011, by FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83
My commission expi
Registration number:
NpTAR�''•�
REG # 834328
C� - ypiRt5 : 2
�110 j
NOTARY PUBLIC
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Ill l/ MEMORANDUW -_
A TI
II
TO: Michael T. Ruddy, Deputy Director ' /�7 "`��
FROM: Thomas Moore Lawson, Esquire IAfV C. T ` U w C C-e/l "LS
DATE: July 27, 2011 N
I
Re: Rezoning Application #01 -11
Our File No. 462.013
Per your request, enclosed please find the original signed Proffers regarding the
above - referenced matter. -- - - - --
Thank you. uvv`��
l J 0
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PROPOSED PROFFER STATEMENT
REZONING: RZ# 01 -11
Rural Areas (RA) to Extractive Manufacturing (EM)
PROPERTY: 92 Acres + / -;
Tax Map Parcels 44 -A -83 and 44-A-8 1A and a portion of Tax Map
Parcel 33 -A -144 (the "Properties ")
RECORD OWNER: 0 -N Minerals (Chemstone) Company d /b /a Carmeuse Lime &
Stone
APPLICANT: O -N Minerals (Chemstone) Company d /b /a Carmeuse Lime &
Stone ( "Applicant')
PROJECT NAME: Winchester /Clearbrook
ORIGINAL DATE
OF PROFFERS: February 8, 2011
REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011
The undersigned Applicant hereby proffers that the use and development of the portions
of the above - referenced parcels, which are requested to be rezoned, the portions requested to be
rezoned being shown on the attached and incorporated plat identified as " Exhibit 1 ," 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, 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 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 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.
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
( "VDMME "), 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 use on the
Properties:
Asphalt and concrete mixing plants.
2. Site Development
2.1 The Properties' access via public secondary roads shall be limited to the existing
quarry entrance on Brucetown Road (Route 672) unless another entrance is
agreed upon by Frederick County or VDOT at some time in the future. Access by
vehicles needed for periodic maintenance of the Properties shall not be limited.
2.2 A combination of landscaping, earthen berms, and fencing shall be installed
around the Properties in the areas depicted on the attached and incorporated plat
identified as " Exhibit 2 ." The landscaping shall have a mix of deciduous and
coniferous plantings placed in a random manner to be consistent with existing
vegetation patterns. Applicant proffers to plant trees in the places identified on
the attached and incorporated plat within one year from the date of unappealable
zoning approval.
3. Historic Resources
3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties.
The result of the archaeological survey is that the Properties do not have historical
significance with the exception of the Martin farmhouse. The Applicant will put
the Martin farmhouse into adaptive reuse in the future. 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.
4. Dust Control
4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors,
feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet
suppression or equivalent, and controlled by and consistent with the terms of the
Virginia Department of Environmental Quality ( "VDEQ ") general air permit. The
Applicant shall remediate any adverse impacts to surrounding properties caused
by dust associated with the mining operations on the Properties.
2
5. Blasting Control
5.1 All blasting associated with mining operations on the Properties shall be limited
by the mining permit approved by the DMM of the VDMME. Peak Particle
Velocities (PPV) associated with blasting on the Properties shall not exceed the
levels stipulated by said permit. Any damage to surrounding properties caused by
blasting on the Properties shall be remediated at the Applicant's expense.
6. Traffic
6.1 The Applicant proposes as part of this rezoning to not install entrances for
vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at
some time in the future. The Applicant proffers to continue to use its existing
entrance on Brucetown Road (Route 672). The result of the use contemplated by
the rezoning is that there will be a reduction in existing trips from the Properties
that currently enter and exit on Route 11. In the future, given that there will be no
vehicular trips to and from Route 11 from the Properties, the number of vehicular
trips will decrease from not only the existing status but also what would be
contemplated should the Properties be developed or zoned to any other use
including, but not limited to, industrial which is what is currently depicted on the
County's Comprehensive Plan for the Properties.
6.2 Within di fifty foot (50' setback from Route 11, the Applicant agrees to dedicate
up to twenty )' to Frederick County or the Virginia Department of
Transportation within thirty (30) days of demand of said dedication from either
Frederick County or the Virginia Department of Transportation for the purposes
of expansion of Route 11 (Valley Pike) to install additional lanes of travel and
other improvements associated with the Route l I (Valley Pike) expansion. Upon
said dedication the remaining land in the setback shall be unaffected and shall
continue to serve as a buffer and screening between the operations of the quarry
and the right -of -way. In the event the dedication and subsequent development of
said land shall adversely affect the aforementioned buffer and screening then the
Applicant shall at its discretion alter, amend or relocate the aforementioned buffer
and screening.
7. Operational Noise Abatement
7.1 The Applicant will make all reasonable efforts to locate mining machinery in the
quarry pit or behind berms.
8. Li htin
8.1 There shall be no affixed lighting structures above - ground on the, berms other than
as may be required for or provided by regulations that affect the plant operations,
including, but not limited to, Mine Safety Health Administration ( "MSHA" ),
VDMME, and any other governmental or regulatory body that oversees mining
3
operations. Lighting used for devices or machines that convey materials or for
pit crushing facilities and other mining activities is permitted. 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. In addition to the above, all lighting will be installed in
such a manner that there will be no spillover beyond any property line of the
Applicant onto adjacent properties not owned by the Applicant.
9. Air Permit
9.1 The Applicant shall maintain its existing general air permit controlling emissions
in accordance with the VDEQ standards and also see that the existing general air
permit covers all activities conducted on the rezoned Properties.
10. Environment
10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination
System 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 that satisfies the requirements of all
applicable discharge permits.
4
ur /tz /tun ie:ab FAX - - -� - f�j001 /014'
L AWSON AND SILEK, P.L.C.
120 EXETER DRI VE. SIITIE 200
POST OFFICE Hox 2740
WINCHESTER, VA 22614
TELEFBONE: (540)665-0050
FAOsImu.EG (5401722-051
FACSIMILE COVER SH
w fro L W4,
t4 (/V ul
Date: July 12, 2011
To: Mr, Michael T. Ruddy
Mr. John Bishop (540) 665 -6395
Roderick B. Williams, Esquire (540) 667 -0370
From: Thomas Moore Lawson, Esquire
Re: Rezoning Application for Carmeuse NA- Clearbrook Rezoning
Number of pages
including cover: 14
Message: Please see the attached. Thank you.
1 ne Intormauon contained in this facsimile message is information intended only for the use of
the individual or entity named above, and may be attomey /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.
now ROVLL.IOW[ss; PoROI MBOY601 FLnrrt RO,.,L VYCWY}1g0. TYlig1001: f]�O)6559115. IAW,�R,1: (!W16. 144121. P�
_�. V ._ 1
... ur/ iZ/'tV i r It). 415 1 AA . (9002/014
E
LAWS ®N AND SI LEK, P.L.C.
120 EXrTER DRIVE, Sum; 200
POST OFFICE BOX 2740
WWCHE3TER, VA 22604
Trl•EPRONE: (540) 665 -0050
FACSPAILr: (540) 727 4051
•
TIIOMAs MOORE LAWSON • "1 "LdwSONlu7LSPLC�COM
I
July 12, 2011
Michael T. Ruddy, Deputy Director
Planning and Development
County of Frederick
107 North Kent Street, Suite 202
Winchester, VA 22601
" I
John Bishop, Deputy Director
Transportation
County of Frederick
107 North Kent Street, Suite 202
Winchester, VA 22601
Re: Rezoning Application for Cameuse NA- Clearbrook Rezoning
Our File No. 462.013
VIA FACSIMILE
Dear Gentlemen:
As a follow -up to our recent meeting, enclosed please find a redlined and clean version of
the Proffers, which addresses the items that were raised at the Planning Commission meeting and
which we discussed in greater detail. Specifically we have made a provision for the dedication
of an additional twenty feet across the property whenever a demand is made of same from either
Frederick County or VDOT. Further, we have made a provision for an entrance on Route 11
provided the same is approved by Frederick County or VDOT. With these revisions, we
understand that the concerns of the Planning Commission have been adequately addressed. If
you are aware of anything else, please let me know. By copy, I am sending this to Rod
Williams so he has the benefit of these latest revisions and can make whatever comments he
deems appropriate from the perspective of the County Attorney's office.
As always, I appreciate your assistance and cooperation.
TML :atd
Enclosure
cc: Carmeuse Lime & Stone
Roderick B. Williams, Esquire
FROM R0YLLA00Y659: POxT OInc[ 6ei 6py Fllq+f ROYAL VIKWY Ed I, T• uv ron•:( H PfRKM �.I�cPiII•C MAfL JSLL!•:l�dlAwm �ucCOn
07/12/2011 15:47 FAX
•
PROPOSED PROFFER STATEMENT
a 009/014
REZONING: RZ#
Rural Areas (RA) to Extractive Manufacturing (EM)
PROPERTY: 92 Acres
Tax Map Parcels 44 -A -83 and 44 -A -83A and a portion of Tax Map
Parcel 33 -A -144 (the "Properties ")
RECORD OWNER: O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime &
Stone
APPLICANT: O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime &
Stone ( "Applicant ")
PROJECT NAME: Winchester /Clearbrook
ORIGINAL DATE
OF PROFFERS: February 8, 2011
REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011
The undersigned Applicant hereby proffers that the use and development of the portions
of the above- referenced parcels, which are requested to be rezoned, the portions requested to be
rezoned being shown on the attached and incorporated plat identified as " Exhibit I ," 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, 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 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 Iat 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.
07/12/2011 15:47 FAX 0 010/014
•
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
( "VDMME ") 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 use on the
Properties:
Asphalt and concrete mixing plants.
2. Site Development
2.1 The Properties' access via public secondary roads shall be limited to the existing
quarry entrance on Brucetown Road (Route 672) unless another entrance is
agreed upon by Frederick County or VDOT at some time in the future. Access by
vehicles needed for periodic maintenance of the Properties shall not be limited.
22 A combination of landscaping, earthen berms, and fencing shall be installed
around the Properties in the areas depicted on the attached and incorporated plat
identified as " Exhibit 2 ." The landscaping shall have a mix of deciduous and
coniferous plantings placed in a random manner to be consistent with existing
vegetation patterns. Applicant proffers to plant trees in the places identified on
the attached and incorporated plat within one year from the date of unappealable
zoning approval.
3. 1-Tistoric Resources
3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties.
The result of the archaeological survey is that the Properties do not have historical
significance with the exception of the Martin farmhouse. The Applicant will put
the Martin farmhouse into adaptive reuse in the future. 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 Il Archaeological Survey of the area adjacent to a
spring near the Martin farmhouse is being conducted.
4. Dust Control
4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors,
feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet
suppression or equivalent, and controlled by and consistent with the terms of the
Virginia Department of Environmental Quality ( "VDEQ ") general air permit_ The
Applicant shall remediate any adverse impacts to surrounding properties caused
by dust associated with the mining operations on the Properties.
07/12/2011 15:47 FAX
•
5. Blastin Co ntrol
2011 /014
5.1 All blasting associated with mining operations on the Properties shall be limited
by the mining permit approved by the DMM of the VDMMEJ Peak Particle
Velocities (PPV) associated with blasting on the Properties shall not exceed the
levels stipulated by said permit. Any damage to surrounding properties caused by
blasting on the Properties shall be remediated at the Applicant's expense.
6. Traffic
6.1 The Applicant proposes as part of this rezoning to not install entrances for
vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at
some time in the future, The Applicant proffers to continue to use its existing
entrance on Brucetown Road (Route 672). The result of the use contemplated by
the rezoning is that there will be a reduction in existing trips from the Properties
that currently enter and exit on Route 11. In the future, given that there will be no
vehicular trips to and from Route 1 l from the Properties, the number of vehicular
trips will decrease from not only the existing status but also what would be
contemplated should the Properties be developed or zoned to any other use
including, but not limited to, industrial which is what is currently depicted on the
County's Comprehensive Plan for the Properties.
6.2 Within the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate
up to twenty feet (20 to Frederick County or the Virginia Department of
Transportation within thirty (30) days of demand of said dedication from either
Frederick County or the Virginia Department of Transportation for the purposes
of expansion of Route 11 (Valley Pike) to install additional lanes of travel and
other improvements associated with the Route 11 (Valley Pike) expansion. Upon
said dedication the remaining land in the setback shall be unaffected and shall
continue to serve as a buffer and screening between the operations of the quarry
and the right -of -way. In the event the dedication and subsequent development of
said land shall adversely affect the aforementioned buffer and screening then the
Applicant shall at its discretion alter, amend or relocate the aforementioned buffer
and screening_
7. Operational Noise Abatement
7.1 The Applicant will make all reasonable efforts to locate mining machinery in the
quarry pit or behind berms.
8. Lighting
8.1 There shall be no affixed lighting structures above - ground on the berms other than
as may be required for or provided by regulations that affect the pliant operations,
including, but not limited to, Mine Safety Health Administration ( "MSHA "),
VDMME, and any other governmental or regulatory body that oversees mining
07/12/2011 15:47 FAX
•
•
12012/014
operations. lighting used for devices or machines that convey materials or for
pit crushing facilities and other mining activities is permitted. 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 unto use and/or
existence at some time in the future while the extractive mining use is still in
effect on the Properties. In addition to the above, all lighting will be installed in
such a manner that there will be no spillover beyond any property line of the
Applicant onto adjacent properties not owned by the Applicant.
91 Air Permit
9.1 The Applicant shall maintain its existing general air permit controlling emissions
in accordance with the VDEQ standards and also see that the existing general air
permit covers all activities conducted on the rezoned Properties.
10. Environment
10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination
System 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 that satisfies the requirements of all
applicable discharge permits.
4
07/12/2011 15:47 FAX 1013/014
Respectfully submitted,
O -N MINERALS (CHEMSTONE) COMPANY
d/b /a CARMEUSE LIME & STONE
By:
Its:
COMMONWEALTH OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, to -wit:
The foregoing instrument was acknowledged before me this day of
2011, by
NOTARY PUBLIC
My commission expires:
Registration number: _
5
07/12/2011 15:48 FAX
•
•
FRANCES G. MARTIN as holder of life estate interest in parcel 44 -A -83
COMMONWEALTH OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, to -wit:
0014/014
The foregoing instrument was acknowledged before me this day of
2011, by FRANCES G. MARTIN as holder of life estate interest in parcel 44 -A -83.
NOTARY PUBLIC
My commission expires:
Registration number:
3
Vr /iz /ZVII 1e 4b ran
•
LAWS ®N AND SILEK, P.L.C.
120 EXRTER DRrvE, Surn:200
POST OFFICE BOX 2740
WwCRVSTER, VA 22604
TELRFaONE: (540) 665 -0050
FACSMILE: (540) 722.4051
July 12, 2011
u
Lqj VVL /V 1Y
T110MAs MOORE LAW SON • TL.AW SONZo UEL0,COM
Michael T. Ruddy, Deputy Director John Bishop, Deputy Director
Planning and Development Transportation
County of Frederick County of Frederick
107 North Kent Street, Suite 202 107 North Kent Street, Suite 202
Winchester, VA 22601 Winchester, VA 22601
Re: Rezoning Application for Cameuse NA- Clearbrook Rezoning
Our File No. 462.013
VIA FACSIMILE
Dear Gentlemen:
As a follow -up to our recent meeting, enclosed please find a redlined and clean version of
the Proffers, which addresses the items that were raised at the Planning Commission meeting and
which we discussed in greater detail. Specifically we have made a provision for the dedication
of an additional twenty feet across the property whenever a demand is made of same from either
Frederick County or VDOT. Further, we have made a provision for an entrance on Route 11
provided the same is approved by Frederick County or VDOT_ With these revisions, we
understand that the concerns of the Planning Commission have been adequately addressed. if
you are aware of anything else, please let me know, By copy, I am sending this to Rod
Williams so he has the benefit of these latest revisions and can make whatevcr comments he
deems appropriate from the perspective of the County Attorney's office.
As always, I appreciate your assistance and cooperation.
TML:atd
Enclosure
cc: Cammeuse Lime & Stone
Roderick B. Williams, Esquire
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Acoustical Engineering Solutions
Specific Levels of Common Noises (dBA)*
dBA Common Noise Sources
130 Threshold of Pain
125 Chainsaw (3 ft)
55
120
Jet Aircraft Take Off (100 ft)
Refrigerator
45
Hammer on Nail (3 ft)
40
115
35
Carmeuse
110
Power Saw (3 ft)
Noise
105
20
Analysis
100
Car Horn (10 ft)
Color
95
Garbage Disposer (3 ft).
Legend
90
Tractor, Lawn Mower (3 ft)
85
Bulldozer (100 ft)
80
Hair Dryer, Whistling Kettle
Tractor Trailer on Rte 11, 75' from edge
75
of Pavement
Loud Dishwasher /Washing Machine
70
TV, Vacuum Cleaner
65
Normal Conversation (3 ft,
Noise from Clear Brook Mining w/ Berm
60
55
Clear Brook Residence Background
Noise, 75' from Rte 11
Quiet Dishwasher /Washing Machine
50
Refrigerator
45
40
35
30
Soft Whisper (2 ft)
25
20
Concert Hall
•fib decibel level informaton has been excerpted from the WIN ILLNmyI and Clear Brook site measurements,
ROW
--- _------ i - --- _...— —. - -- -_ --
_
+ Noise Source
Camleuse Property Line
Existing Home
Noise Level Contours
85 dBA
80 dBA
75 dBA
70 dBA
65 dBA
0
1
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Dozer
Cameuse Special Exception
I y Noise Analysis
A Berm Constmction (Dozer)
Cnsim,aos coud suue im DWG. NO..2 DATE:25Apni 2011
vreaNaaeMOa�ro3 SCALE: NTS DRAWN By JVC
Route 11
_I
Noise Level Contours
85 d8A
ED dBA
75 dBA
70 dBA
65 dBA
C
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i
0
O
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Note: Equipment is operating on a lift 10 feet below the berm base elevation.
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Proposed Berm
' } 1 �
HOINIX
Noise Source
,N1
Carmeuse Property Line
Existing Home
Noise Level Contours
85 d8A
ED dBA
75 dBA
70 dBA
65 dBA
C
_! 1
l
i
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O
0
Note: Equipment is operating on a lift 10 feet below the berm base elevation.
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' } 1 �
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DATE 28Apn12011
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SCALE: NTS
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4 OF 4
LAWS ®N AND SI LEK, P.L.C.
120 EXETER DRIVE, SUITE. 200
POST OFFICE Box 2740
WINCHEs "rER, NA 22604
TELEPHONE: (540) 665 -0050
FACSIMILE: (540) 722 -4051
Ms. June Wilmot
412 Westside Station Drive
Winchester, VA 22601
Mr. Kevin Crosen
361 Perry Road
Winchester. VA 22602
Mr. George J. Kriz
547 Apple Pie Ridge Road
Winchester, VA 22603
Mr. Brian Madagan
147 Blackburns Ford Drive
Stephens City, VA 22655
Mr. Philip A. Lemieux
106 Dell Court
Winchester, VA 22602
Mr. H. Paige Manuel
118 Armstrong Place
Winchester- VA 22602
Mr. Stan Crockett
139 Panarama Drive
Winchester, VA 22603
Re:
'I'uoNtAS MOORE LAWSON • TI-AWSON(R� LSPLC.COpI
June 2, 2011
Mr. Roger L. Thomas
315 National Avenue
Winchester, VA 22601
Mr. Greg L. Unger
668 Germany Road
Stephens City, VA 22655
Mr. Charles E. Triplett
104 Opequon Woods Circle
Stephenson, VA 22656
Mr. Christopher Mohn
316 Ridge Road
Winchester- VA 22602
Mr. Lawrence R. Ambrogi
101 Armstrong Circle
Winchester. VA 22602
Mr. Gary R. Oates
1073 Redbud Road
Winchester, VA 22603
Carmeuse Lime & Stone
Our File No. 462.013
FRONT ROYAL A DDPEAS: POST OFFICE ROV 602, FRONT RON'AL, VIPCI, \ 22630,TR1.EPHONE: (540) 635 -9415, FACSINIIIX: (540) 635 -9421, E- MAIL: SILFAJV. LVNXCO i YFCT.COM
F'AIRIIA% ADDRESS: 10805 MAIN STREET, SORE 200, FA I RPAX, N',.,uNIA 221110, TELEIOONF.: (703) 352_2615. FACSIMILE: (703) 352-4190, E -NTA 11.:'I'110 N.lNfI.1.AN'90N� V!'RIZO N.VIT
Members of the Planning Commission
June 2. 2011
Page 2
Dear Madame Chair and Members of the Planning Commission:
Enclosed please find revised Proffers for the Carmeuse rezoning which is scheduled to be
heard at your June 15` meeting. As is often the case, proffers get revised as we go forward with
the rezoning process, and this case is no exception. Carmeuse has had the benefit of several
group meetings with its neighbors in the general Clearbrook - Brucetown area as well as one -on-
one meetings with its immediate neighbors. These meetings have resulted in revisions to the
Proffers over time. This latest version is revised to accommodate additional comments from the
neighbors, specifically removing certain uses on the rezoned parcels and also amending the berm
plan to accommodate comments from the Historic Resources Advisory Board as well as two of
our immediate neighbors. The berm plan revisions are to provide for a break in the berm so that
the view of the Martin house remains unblocked from Route 11 and also to soften the angle of
the berm as it comes around the two end lots that are directly across the street from the
elementary school. Lastly, we revised the language regarding the future use of the Martin
farmhouse to confirm that it will be put into adaptive reuse.
I know that you all have made it clear that any amendments to the Proffers need to be
done well in advance of any hearing so as to give sufficient notice to not only the Members of
the Planning Commission and Planning Department staff, but also to members of the public.
Accordingly, we have not only sent copies of this to you as Members of the Planning
Commission but also to Planning Department staff so that this will be on file in their office. We
will also give this to our neighbors, which includes all of the adjoining property owners as well
as other neighbors in the Clearbrook- Brucetown community, when we meet one final time at the
Stonewall District Ruritan Club on .tune 9 If you are available, you are certainly welcome to
attend.
Thank you for your consideration of this rezoning. If you have any questions, please do
not hesitate to give me a call.
Very
Thom s
1'ML:jk
Enclosures
cc: Carmeuse Lime & Stone
Michael Ruddy, Deputy Director
0 0
�S
W inchester Virginia Operation
June 1. 2011
Dear Neighbor:
Carmeuse would like to invite you to its next community meeting, which is scheduled for June 9,
2011, at the Stonewall District Ruritan Club. Dinner will be served at 5:45 p.m. and the meeting will
commence at 6:00 p.m. At this meeting, you will be able to review a copy of the final revised draft
Proffers incorporating our neighbors' suggestions. Carmeuse would like the opportunity to review these
with you and address any questions or concerns you may have before we present the Proffers to the
Frederick County Planning Commission at its June 15, 2011 meeting.
We hope you can attend this meeting and look forward to seeing you. Please note that if you
cannot meet with us, you can call the project hotline at (540) 662 -3856 to discuss any questions or
concerns.
Very truly yours,
Jim Bottom
Area Operations Manager
Carmeuse Lime & Stone ° 508 Cuarry Lane • PO Box 219 • Clear Brook. VA 22624 ^ Tel: (540) 662 -3855 ° Fax: (540) 662 -4303 . www.caaneusena.com
0 0
PROPOSED PROFFER STATEMENT
REZONING: RZ4
Rural Areas (RA) to Extractive Manufacturing (EM)
PROPERTY: 92 Acres + / -;
Tax Map Parcels 44 -A -83 and 44 -A -83A and a portion of Tax Map
Parcel 33 -A -144 (the "Properties ")
RECORD OWNER: O -N Minerals (Chemstone) Company d /b /a Carmeuse Lime &
Stone
APPLICANT: O -N Minerals (Chemstone) Company d /b /a Carmeuse Lime &
Stone ( "Applicant ")
PROJECT NAME: Winchester /Clearbrook
ORIGINAL DATE
OP PROFFERS: February 8, 2011
REVISION DATE(S): .tune 2, 2011
The undersigned Applicant hereby proffers that the use and development of the portions
of the above- referenced parcels, which are requested to be rezoned, the portions requested to be
rezoned being shown on the attached and incorporated plat identified as " Exhibit I ," 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, 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 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 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.
Land Use
E
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
( "VDMME "), and shall therefore conform to the Mineral Mining Law and
Reclamation Reeulations for Mineral Mining of the Commonwealth of Virginia.
1.2 The Applicant hereby proffers not to engage in the following use on the
Properties:
Asphalt and concrete mixing plants.
2. Site Development
2.1 The Properties' access via public secondary roads shall be limited to the existing
quarry entrance on Brucetown Road (Route 672). Access by vehicles needed for
periodic maintenance of the Properties shall not be limited.
2.2 A combination of landscaping, earthen berms, and fencing shall be installed
around the Properties in the areas depicted on the attached and incorporated plat
identified as " Exhibit 2 ." The landscaping shall have a mix of deciduous and
coniferous plantings placed in a random manner to be consistent with existing
vegetation patterns. Applicant proffers to plant trees in the places identified on
the attached and incorporated plat within one year from the date of unappealable
zoning approval.
3. Historic Resources
3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties.
The result of the archaeological survey is that the Properties do not have historical
significance with the exception of the Martin farmhouse. The Applicant will put
the Martin farmhouse into adaptive reuse in the future. 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 11 Archaeological Survey of the area adjacent to a
spring near the Martin farmhouse is being conducted.
4. Dust Control
4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors,
feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet
suppression or equivalent, and controlled by and consistent with the teens of the
Department of Environmental Quality ( "VDEQ ") general air permit. The
Applicant shall remediate any adverse impacts to surrounding properties caused
by dust associated with the mining operations on the Properties.
2
0 0
5. Blasting Control
5.1 All blasting associated with mining operations on the Properties shall be limited
by the mining permit approved by the DMM of the VDMME. Peak Particle
Velocities (PPV) associated with blasting on the Properties shall not exceed the
levels stipulated by said permit. Any damage to surrounding properties caused by
blasting on the Properties shall be remediated at the Applicant's expense.
6. Traffic
6.1 The Applicant proposes as part of this rezoning to not install entrances for
vehicular traffic on Route 11. The Applicant proffers to continue to use its
existing entrance on Brucetown Road (Route 672). The result of the use
contemplated by the rezoning is that there will be a reduction in existing trips
from the Properties that currently enter and exit on Route 11. In the future, given
that there will be no vehicular trips to and from Route 1 I from the Properties, the
number of vehicular trips will decrease from not only the existing status but also
what would be contemplated should the Properties be developed or zoned to any
other use including, but not limited to, industrial which is what is currently
depicted on the County's Comprehensive Plan for the Properties.
7. Operational Noise Abatement
7.1 The Applicant will make all reasonable efforts to locate mining machinery in the
quarry pit or behind berms.
8. Li_ghtin
8.1 There shall be no affixed lighting structures above - ground on the berms other than
as may be required for or provided by regulations that affect the plant operations,
including, but not limited to, Mine Safety Health Administration ( "MSHA" ),
VDMME, and any other governmental or regulatory body that oversees mining
operations. Lighting used for devices or machines that convey materials or for
pit crushing facilities and other mining activities is permitted. 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. In addition to the above, all lighting will be installed in
such a manner that there will be no spillover beyond any property line of the
Applicant onto adjacent properties not owned by the Applicant.
9. Air Permit
9.1 The Applicant shall maintain its existing general air permit controlling emissions
in accordance with the VDEQ standards and also see that the existing general air
permit covers all activities conducted on the rezoned Properties.
3
0
0
10. Environment
10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination
System 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 that satisfies the requirements of all
applicable discharge permits.
4
Respectfully submitted,
0 -N MINERALS (CHEMSTONE) COMPANY
d/b /a CARMEUSE LIME & STONE
By: 6 3o�6M
Its: Cn n: K2a"4c ~,4 sno.Je
COMMONWEALTH OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, to -wit:
s r
�
The foregoing instrument was acknowledged before me this I day of 14p2
2011, by _ Tq,ML-s L.
Y.
V
My commission expires:
Registration number: � S'7 !- 7 y
0
G. MARTIN as holder of life estate interest in parcel 44 -A -83
COMMONWEALTH OF VIRGMIA, AT LARGE
COUNTY OF FREDERICK, to -wit:
The foregoing instrument was acknowledged before me this de day of
2011, by FRANCES G. MARTIN as holder of life estate interest in parcel 44 -A -83.
My commission expires:
Registration number: _
N0ISSIWW00AW
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CARMEUSE BERM LOCATIONS
SCALE: 1' -500'
LIP
CARMEUSE BERM LOCATIONS
SCALE: 1' -500'
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) 722 -4051
June 2, 2011
Mr. Richard C. Shickle
292 Green Spring Road
Winchester, VA 22603
Mr. Charles S. Dehaven, Jr.
2075 Martinsburg Pike
Winchester, VA 22603
Mr. Gene E. Fisher
246 Bush Drive
Winchester, VA 22602
Mr. Gary A. Lofton
711 Buffalo Marsh Road
Middletown, VA 22645
1 "I
JUN 2 2011
THOMAS ,MOORE L W SON . TLANVSON(a)LSPLC.CO%1
Mr. Gary W. Dove
821 Apple Pie Ridge Road
Winchester, VA 22603
Mr. Christopher E. Collins
120 Sesar Court
Winchester, VA 22602
Mr. Bill M. Ewing
PO Box 27
Stephens City, VA 22655
Re: Carmeuse Lime & Stone
Our File No. 462.013
Dear Gentlemen:
As you know, the Carmeuse rezoning is scheduled for the June 15, 2011 Planning
Commission hearing. Along the way, we have had several meetings with our neighbors.
Enclosed is a copy of an invitation that was sent to our neighbors for what we believe will be the
last meeting with them. If you have the time, you are certainly welcome to attend.
TML:jk
Enclosure
cc: Carmeuse Lime & Stone
Michael Ruddy, Deputy Director
FHON ' It ......ADOBEES: POs' 0,,,u B,,, M 602, FRO ROIA1.,VIRV1AlA 22630,Tn.RPIoAE: (540) 635 -9415, FACRINaF:: (540) 635 -9421, E -MAIL: Ru F.KJr IN NRCONNECECONI
Fm.P{A 10305 MAIN $TRP.ET, $IIITE 200, FA I RIAA, VIRI:I \ - IA 22U311. TF.I.FPHO \E; 1703) 352 -2615. FACS11IILE: (703) 3524190. F MAIL: TIIV>IAS().LANSON(e;l'ERI9.V NNRT
J Winchester Virginia Operation
CARMEUSE
NATURAL CHEMICALS
June 1. 2011
Dear Neighbor:
Carmeuse would like to invite you to its next community meeting, which is scheduled for June 9,
2011, at the Stonewall District Ruritan Club. Dinner will be served at 5:45 p.m. and the meeting will
commence at 6:00 p.m. At this meeting, you will be able to review a copy of the final revised draft
Proffers incorporating our neighbors' suggestions. Carmeuse would like the opportunity to review these
with you and address any questions or concerns you may have before we present the Proffers to the
Frederick County Planning Commission at its June 15, 2011 meeting.
We hope you can attend this meeting and look forward to seeing you. Please note that if you
cannot meet with us, you can call the project hotline at (540) 662 -3856 to discuss any questions or
concerns.
Very truly yours,
Jim Bottom
Area Operations Manager
Carmeuse Lime & Stone • 508 Quarry Lane • PO Box 219 • Clear Brook, VA 22624 • Tel: (540) 662 -3855 • Fax: (540) 662 -4303
0 0
Patton Harris Rust & Associates
Engineers. Surveyors. Planners. Landscape Architects.
117 East �� l F 1 540 667.2 93g1i iat22601
Memorandum
To: Mike
Organ izationlCom pang:
From:
Date:
Project Name /Subject:
PHR +A Project file Number:
cc:
Frederick County Planning
Ron Mislowsky, PE
May 19, 2011
Carmeuse Clearbrook Rezoninv
In response to County requests we have prepared an exhibit depicting the existing zoning boundary on TM
Parcel 33 -A -144 as we believe it can be bet described. Two copies are attached.
Additionally we have revised the impact statement to clarify Paragraph C, Scope of Proposed Use. This
revision brings the impact language in line with the current version of the proffer.
We believe this completes the application and trust we can now move forward to Public Hearing.
Please let me know if you have any questions.
MAY 19 2011 l .
Patton Harris Rust & Associates
Engineers. Surveyors. Planners. Landscape Architects.
1 East �l y� F 1540.665.0493 gi 22601
To:
Organization /Company:
Address:
Telephone Number:
Date:
From:
Project Name /Subject:
Via:
Mike Ruddv
MAY 9 2011
Transmittal
Frederick County Planning
107 N. Kent Street
Winchester, VA 22601
Mav 9. 2011
Ron Mislowsky, PE
Carmeuse Rezoning
Internal Project File #:
Quantity File # Date Description Transmitted
Amended Cover Letter for Carmeuse ❑ Herevdth
1 5/6/11 Rezoning ❑ Under separate cover
Notes:
Material
❑
Originals
❑
Photocopies
❑
Diskette
❑
Shop Drawings
❑
Mylar
❑
Ozalid Prints
❑
Invoice
❑
Sepia
Corrected Prints
❑ Please Submit:
Revised Prints
Received by: Date:
Purpose
®
Your Use
❑
Your Files
❑
Approval
❑
Please Return:
Corrected Prints
❑ Please Submit:
Revised Prints
Received by: Date:
LAWSON AND SILEK, P.L.C.
120 EXETER DRIVE, SUITE 200
POST OmCE BOX 2740
WINCHESTER, VA 22604
TELEPHONE: (540) 665-0050
FACSIMILE: (540) 722 -4051
May 18, 2011
Roderick B. Williams, Esquire
County Attorney
County of Frederick
107 North Kent Street
Winchester, VA 22601
E
THOMAS MOORE LAWSON • I LAWSONCA`.ISPLC.COM
Re: Carmeuse Lime & Stone
Our File No. 462.013
VIA E -MAIL AND FACSIMILE
Dear Rod:
Thank you for your recent e -mail concerning Carmeuse's stalled rezoning application_
Following your suggestion, I enclose a plat, which depicts a zoning boundary line, but also
correctly confirms that the exact location of the boundary is uncertain and that with the proposed
rezoning the uncertainty will be resolved by rezoning any un -zoned portion of this parcel to EM.
Let me know if this plat is what you were thinking of when you sent me your last
correspondence. I am hoping this fits the bill and that with its submittal the rezoni% application
can proceed and this matter will be heard by the Planning Commission at its June 15` date.
Thank you for your anticipated assistance and cooperation. I look forward to hearing
from you shortly.
Very trul}/ o s,
L"��
Thoma Moore L wson
TML:atd
Enclosure
cc: Carmcuse Lime & Stone
FAONTROYALA.:Mt.1: POSTOtFIll ROx 602.{ROM ROYAI. VIFCWu3E6JD.TLISPxIXi[: ISC0163i9415•EA1IMIEE: 11401635.9421• EMAIL: >ILIK'e MWNAMLFKXAIM
FAIRFU AWIt.: 10905 MAW STRE6L SLET 200. EUREA; VIX6L IA 221130, T L FNOPE: 00313531615 • FACSIMIU: 17031352 -41 W - E -MA¢: THOMA50LA WSM v[umn NEV
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0 •
Patton Harris Rust & Associates Memorandum
Engineers. Surveyors. Planners. Landscape Architects.
117 East P 1 540 66510 3
P '� 1 Vir g i nia S
n a 22601
To: Mike Ruddy
Organ izationlCompany: Frederick County Planning
From: Ron Mislowsky, PE
Date: May 6, 201 l
Project Name /Subject: Canneuse Rezoning
cc:
In February, PHR +A submitted a rezoning application to review agencies as required by the Frederick
County procedures. The project site of 92 acres is located on the east side of U.S. Route 11, just south of the
Clearbrook Park property. The intent of this application is to rezone all portions of tax map parcel 44 -A -83,
44 -A -83A and any portion of 33 -A -144 not currently zoned EM. The current zoning boundary is generally
shown on Exhibit #1. This location is based on existing County records. As this line does not conform to a
property line north of parcel 83A, the actual location is not tied to any fixed point of reference. If approved,
this rezoning would remove any ambiguity as to the location of the EM zone boundary on parcel 144,
relocating it to the existing property lines.
We have received comments from the following agencies:
VDOT
Public Works - Comment
Frederick County Fire Marshal
Clearbrook Volunteer Fire Co.
Parks & Recreation
Frederick - Winchester Health Department
Winchester Regional Airport
Frederick - Winchester Service Authority
Historic Resources Advisory Board — Comment
Frederick County Attorney — Comment
Frederick County Sanitation Authority (No Comment)
Frederick County Public Schools
Frederick County Planning
Frederick County Transportation Planning
Most agencies had no comment. In response to comments raised by the HRAB, the Applicant is looking at
the berm locations in an effort to balance the needs to screen the quarry operations but also not to block the
view of the Martin house. In response to Public Works' comments about the impact to adjacent residences,
Carmeuse's operating permits require it to take the precautions to protect adjoining properties, and Carmeuse
has had and will continue to have meetings with its neighbors concerning ongoing mining operations. Public
• •
Patton Harris Rust & Associates
Memorandum
Page 2
Works also commented about the Convenience Center lease. Certainly Carmeuse intends to honor the
existing leases and has entered into an agreement to address the adjacent ballfields. Planning raised a
concern regarding setback requirements. We understand that a waiver will be required to reduce the setback
to extracted mining operations to the proffered distance. Therefore, we have attached a Waiver Application
to reduce the 200 ft. required setback. We believe the best approach is to let this request track with the
rezoning application.
As noted in previous correspondence, we understand that the Frederick County Sanitation Authority will not
be providing a comment. However, we would request that some writing be generated by that agency to
confirm the same. We certainly do not want the lack of a comment to be an issue in the processing of this
rezoning application.
We are also aware of comments from the Frederick County Attorney and your office concerning the
assertion of a lack of clarity in the language of the Proffers. The Applicant will certainly review those
comments. We will have obtained Mrs. Martin's signature on the Application and the Proffer Statement as
has been requested by the County Attorney.
Thank you for your continued assistance and cooperation. We have attached all the comments sheets as well
as copies of the Proffer Statement and Exhibit. Please let me know when this application will be placed on
the Planning Commission agenda.
Engineers a Surveyors a Planners a Landscape Architects
yrArlll �,pndencrAkumt \ramieu�e dearbrnika�oniggVl[r!o noddyf,,n r mislauaky my 5 -Sloe
Ll
Mike Ruddy
From:
Sent:
To:
Cc:
Subject:
Good afternoon Ron,
Mike Ruddy
Wednesday, May 04, 2011 3:13 PM
'Ronald A. Mislowsky'
Rod Williams, Eric Lawrence
Carmeuse Rezoning
This e -mail is a follow up to a message I just left at your office and is in reference to the rezoning application received
from your office at lunchtime today.
The rezoning application for the Carmeuse application is missing a plat with a metes and bounds description of the
properties for which the rezoning is being requested and is therefore presently incomplete. We will also need a copy of
the Impact Analysis Statement, deed to the property, and verification of taxes paid. At such time we receive this plat, as
informed by the County Attorney and myself in our initial review letters, and the additional items noted, the application
appears that it may be complete. Friday, May 6, 2011 is the next rezoning application cut -off. The incomplete
application is waiting at the front desk of our office to be picked up and completed.
We look forward to receiving the completed application.
Thanks.
Mike.
Michael T. Ruddy, AICP
Deputy Planning Director
Frederick County Planning & Development
107 N. Kent Street
Winchester, VA 22601
(540) 665 -5651
(540) 665 -6395 fax.
mruddyCa?co. frederick.va. us
s
Patton Harris Rust & Associates
Engineers. Surveyors. Planners. Landscape Architects.
117 East y y W inchester, 54 66512139 Virgi t ccadilly � 22601
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Transmittal
Mike Ruddy
Frederick County Planning
107 N. Kent Street
Winchester, VA 22601
2011
Ron Mislowsky, PE
Carmeuse — Clearbrook Rezoning
Internal Project File #:
Date Description Transmitted
❑ Herewith
Rezoning Application Materials ❑ Under separate cover
Material
Notes
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Originals
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Photocopies
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Diskette
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Shop Drawings
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Mylar
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Ozalid Prints
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Invoice
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0 0
Patton Harris Rust & Associates Memorandum
Engineers. Surveyors. Planners, Landscape Architects.
/� 117 East Piccadilly Street
7 TB `+� l Winchester, Virginia 22601
j H j Y T 540.667.2139
P
F 540.665.0493
To: Mike Ruddy
Organ izationlCompany: Frederick County Planning
From: Ron Mislowsky, PE
Date: May 4, 2011
Project Name /Subject: Carmeuse Rezoning
cc:
In February, PHR +A submitted a rezoning application to review agencies as required by the Frederick
County procedures. The project site of 92 acres is located on the east side of U.S. Route 11, just south of the
Clearbrook Park property. We have received comments from the following agencies:
VDOT
Public Works - Comment
Frederick County Fire Marshal
Clearbrook Volunteer Fire Co.
Parks & Recreation
Frederick - Winchester Health Department
Winchester Regional Airport
Frederick - Winchester Service Authority
Historic Resources Advisory Board — Comment
Frederick County Attorney — Comment
Frederick County Sanitation Authority (No Comment)
Frederick County Public Schools
Frederick County Planning
Frederick County Transportation Planning
Most agencies had no comment. In response to comments raised by the HRAB, the Applicant is looking at
the berm locations in an effort to balance the needs to screen the quarry operations but also not to block the
view of the Martin house. In response to Public Works' comments about the impact to adjacent residences,
Carmeuse's operating permits require it to take the precautions to protect adjoining properties, and Carmeuse
has had and will continue to have meetings with its neighbors concerning ongoing mining operations. Public
Works also commented about the Convenience Center lease. Certainly Carmeuse intends to honor the
existing leases and has entered into an agreement to address the adjacent ballfields. Planning raised a
concern regarding setback requirements. We understand that a waiver will be required to reduce the setback
to extracted mining operations to the proffered distance. Therefore, we have attached a Waiver Application
to reduce the 200 ft. required setback. We believe the best approach is to let .this request track with the
rezoning application.
MAY 4 2011
so
Patton Harris Rust & Associates
Memorandum
Page 2
As noted in previous correspondence, we understand that the Frederick County Sanitation Authority will not
be providing a comment. However, we would request that some writing be generated by that agency to
confirm the same. We certainly do not want the lack of a comment to be an issue in the processing of this
rezoning application.
We are also aware of comments from the Frederick County Attorney and your office concerning the
assertion of a lack of clarity in the language of the Proffers. The Applicant will certainly review those
comments. We will have obtained Mrs. Martin's signature on the Application and the Proffer Statement as
has been requested by the County Attorney.
Thank you for your continued assistance and cooperation. We have attached all the comments sheets as well
as copies of the Proffer Statement and Exhibit. Please let me know when this application will be placed on
the Planning Commission agenda.
Engineers a Surveyors a planners a Landscape Architects
p:Acomhond n, \kann\ arm,., rIe,,b",ok re�,oning \1[rlo r drh fmm r mi&,.,ky.doe
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`: FreciePrick County Pub is Schools
z � ... to ensure all students an excellent education
K. Wayne Lee, Jr.. Coordinator of Planning and Development • leew @frederick.kl2.va.us
January 31, 2011
Mr. Thomas Moore Lawson
Lawson & Silek, P.L.C.
120 Exeter Drive, Suite 200
Post Office Box 2740
Winchester, VA 22604
r
FEB
2011 " $'
Re Carmeuse Lime & Stone Community Meeting
Dear Mr. Lawson,
Thank you for inviting Frederick County Public Schools to participate in a community meeting
your firm is sponsoring to discuss the expansion of the Carmeuse Lime & Stone quarry near
Stonewall Elementary School. We will not be attending this meeting. However, our interest in
this project continues. We are a commenting agency for the County's rezoning process. If we
do have comments, we will make them then.
Thank you for your willingness to work with Frederick County Public Schools. Should you have
questions, please contact me at 540- 662 -3889 x88249 or leewgfrederick.kl2.va.us
Sincerely,
b� — 4 — �
K. Wayne Lee, Jr.
Coordinator of Planning and Development
Cc: AlOmdorff
Eric Lawrence
1415 Amherst Street w Jrederick.kl 2va.us 540 - 6623889 Ext 88249
Re, Box 3508 540-662-4237 fax
Winchester, Virginia 22604 -2546
CARMEUSE
NATURAL CHEMICALS
0
Winchester Virginia Operation
December 6, 2010
Dear Neighbor:
I'm writing to let you know about a proposed rezoning Carmeuse is planning for about 90 acres
owned by Carmeuse along Route 11, as part of our Clear Brook quarry operation (also known as the Frey
quarry). As you probably know, we purchased the Martin farm about two years ago with the intention of
quarrying the high - calcium limestone under it. The rezoning will eventually involve moving the ball fields
and the recycling center from their present location (with no interruption in public use, of course).
I feel that our neighbors and local property owners have a right to be informed at each stage of this
process. I know that people have questions about traffic, safety, sight lines, hours of operation and
environmental protection, and we want to answer all these questions, and maybe a few we haven't thought
of. We also want to hear your suggestions for improvement, and answer any concerns to the best of our
ability.
I'd like to answer a couple of obvious questions right now. There will be no increase in truck
traffic due to the rezoning. All we are doing is taking steps to allow us to open a new pit sometime in the
future.
While this process is in its early stages, we'd like to invite you and all your neighbors to an
informal meeting. You and your neighbors will have a chance to talk with our staff one -on -one and get a
first look at the details. The meeting will be held on Wednesday, December 8, at the Stonewall District
Raritan building on Ruritan Way Lane (off Route 11, next to Stonewall Elementary School). We'll start
the meeting at 7:00 pm, but come any time after 6:30 to meet us and look at the maps. We'll provide
coffee, soda and finger food.
In the meantime, if you have any questions, please call our project hotline at (540) 662 -3856. I
look forward to meeting you.
Sincerely,
Jim Bottom
Jim Bottom
Carmeuse Lime & Stone
Carmeuse Lime 8 Slone • 508 Quarry Lane • PC Box 219 • Clear Brook, VA 22524 • Tel (540) 662 -3855 • Fax (540) 662 -4303 - w .carmeusena.com