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HomeMy WebLinkAboutCLE201000104 Review Comments Zoning Clearance 2010-06-25Application for Zoning Clearance OF A ' CLE# A ink ® Zoning Clearance = $35 - OFFICE USE ONLY Check # ;-Q 9 Date: PLEASE REVIEW ALL 3 SHEETS Receipt # Staff: V:2j PARCEL INFORMATION Tag Map and Parcel: 4(5--S$ , /i6--k �Jr� 61 Existing Zoning Al R Parcel Owner: -FO 1.11S 1 ti ti Parcel Address: ;2 y O l b M t 1 % KwA)) CityC/ d2&1!/ yi l�G State 114 Zip (include suite or floor) PRIMARY CONTACT Who should we call/write concerning this project? Address : s 7 U L-)) ljjGkii Ay12: 2b State k- _ Zip Office Phone: � 7ZL/ -1646 Cell# L/ Fax # % %�/- ill`t/ E- mai>�i����Jl��/7�.Lu. ✓lvy� .&xT So# APPLICANT INFORMATION Check any that apply: Change of ownership Change of use e/Change of name New business Business Name/Type: C J la 4 �� ✓l fie- S762-1k, 1 Nl��l1/4 Previous Business on this site %V Describe the proposed business including use, number of employees, number of shifts, available parking spaces, number of vehicles, and any additional information that you can provide: L " 3 b FAR Xi Lv oV *This Clearance will only be valid on the parcel for which it is approved. If you change, intensify or move the use to a new location, a new Zoning Clearance will be required. I hereby certify that I own or have the owner's permission to use the space indicated on this application. I also certify that the information provided is true and accurate to the best of my knowledge. Ihaave read the conditions of approval, and I understand them, and that I will abide by them. Signature .— & � �� Printed Z iAW iD 0 14 , W J _'S APPROVAL INFORMATION [ Approved as proposed [ ] Approved with conditions [ ] Denied [ ] Backflow prevention device and/or current test data needed for this site. Contact ACSA, 977 -4511, x119. [ ] No physical site inspection has been done for this clearance. Therefore, it is not a determination of compliance with the existing site plan. [ ] This site complies with the site plan as of this date. Notes: Building Official QA-1 G�i ate G Date la 1'I �f D Zoning Official r Other Official Date Uounty 01 Alpemarle Lepariment or wmmunity ji— taupluv" 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 9724126 Revised 04/28/08 Page 2 of 3 el-M r� Intake to complete the following: /N is use in LI, HI or PD zoning? If so, give applicant a Certified Engineer's Report (CER) packet. Y /10 Will there be food preparation? If so, give applicant a Health Department form. Zoning review can not begin until we receive approval from Health Dept. FAX DATE Circle the one that a lies Is parcel on rivate we or public water? If private well, provide Health Department form. Zoning review can not begin until we receive approval from Health Dept. FAX DATE Circle the one that applies Is parcel on rep- or public sewer? Y / N Will you be putting up a new sign of any kind? If so, obtain proper Sign permit. Permit # Y / N Will there be any new construction or renovations? If so, obtain the proper Permit. Permit # 7..,...,.r +- +n *hn rMIA'" Sn". I Reviewer to complete the following: Square footage of Use: Y/N 1 Permitted as: 1 Under Section: / Supplementary reg�}I igns ction: Parking form Required spaces: r d Y/N IN Items to be verified in the field: Inspector Date: Notes: Violations: v Y /I If so, List: Proffers: Y /ITT If so, List: Vari ce: Y /I If so, List: SP's: Y/ If so, ist: Clearances: SDP's Revised 04/28/08 Page 3 of 3 4 pF ALp� , �JRGINZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 June 25, 2010 David Willis, Vice President Mark Witt, Professional Engineer Rockydale Quarries T/A Charlottesville Stone Company Sent via email Re: Zoning Permit for Natural Resource Extraction Activity per Zoning Ordinance Section 30.4.03 (CLE 2010 -104) Dear Gentlemen: The purpose of this letter is to provide an official written determination of approval for the zoning permit allowing natural resource extraction activity on tax map 45, parcels 58, 60 and 61. This approval is being given through a zoning clearance application, CLE 2010 -104. I have reviewed the submittal for compliance with Albemarle County Zoning Ordinance Section 30.4 Natural Resource Extraction Overlay District regulations and find that it does comply. Prior to this approval, on June 23rd, Glenn Brooks, County Engineer, approved the certified engineer's report. My approval is based on the information submitted in the following: • Zoning compliance analysis, Section 30.4 — natural resource overlay district (latest revision received via email on June 25th); • The Charlottesville Stone Quarry General Site Map dated 6/24/10 (received on June 25th); • The certified engineer's report and sound report dated 6/16/10 (received via email on the same date). If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of the date notice of this determination is given, in accordance with Section 15.2 -2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same'as the date of this letter. Sincerely, jjwj�4p -�� Amelia G. McCulley Zoning Administrator Zoning Compliance Analysis, Section 30.4 - Natural Resource Overlay District 30.4.02.1 - BY RIGHT Within any NR district, uses may be permitted by right as for and subject to the district regulations of the underlying zoning district. In addition, there shall be permitted by right within any NR district the following uses: 1. Except as otherwise provided in sections 10.2.1.18, 10.2.2.40 or Our intent is to operate a stone 30.4.2.2, removal of soil, sand, gravel, stone or other minerals by quarry. Excavation, stripping, excavating, stripping, quarrying or other mining operation. processing, and other related (Amended 7 -6 -83) activities shall occur within the NR property as shown on the Site Map. 2. Accessory uses to a use permitted by right such as blasting, Accessory uses listed to the left washing, grading, sorting, shall take place in order to properly operate the quarry 30.4.02.2 BY SPECIAL USE PERMIT Not Applicable because we are not requesting a Special Use 30.4.03 PERMIT REQUIRED Please consider the letter Prior to commencing any natural resource extraction activity within accompanying this document as any NR district, the operator of such activity shall obtain a permit the formal request for a permit therefor from the zoning administrator. Such permit shall be issued from the zoning administrator. upon filing with the zoning administrator of a plan of the proposed Please see the attached natural resource extractive activity, including all data sufficient to documents for questions ensure compliance with the provisions of this section. The regarding the compliance with applicant may comply herewith by the filing of a copy of any plan the Zoning Ordinance. Feel free of such proposed operation approved by the Virginia Department of to contact David Willis of Conservation and Economic Development filed pursuant to Title Rockydale Quarries Corporation 45.1 of the Code, together with such additional data as the zoning at (540)330 -4861. administrator may require to ensure compliance with this section. In addition, the applicant shall provide evidence satisfactory to the zoning administrator that he has complied with the provisions of Title 45.1 of the Code. Every such permit issued by the zoning administrator shall be subject to annual review and shall be revoked in the event that any permit issued for any such operation shall expire or otherwise terminate in accordance with the requirements of Title 45.1 of the Code or the regulations of the Virginia Department of Conservation and Economic Development. (Amended 4- 28 -82) 30.4.04 MINIMUM AREA REQUIREMENT-- The NR overlay district for this ESTABLISHMENT OF DISTRICT property is roughly 110.44 acres The minimum area for the establishment of any NR overlay district and exceeds the minimum shall be twenty (20) acres. requirements. 30.4.05 MAXIMUM PERCENTAGE LOT COVERAGE The total NR property, parcels All operations associated with the extraction of natural resources as TM 45 -58, 45 -60, 45 -61 is well as the provision of parking areas and access roads and 110.44 acres. The current area driveways shall not occupy more than eighty (80) percent of associated with the extraction of the total site. natural resources, per our active mining permit with the DMME, is 22.41 acres, or 20.3% of the site. The operation shall not exceed 80% of the site. 30.4.06 YARD AND BUILDING LOCATIONS We plan to erect permanent Minimum yard dimensions and building location requirements shall structures associated with the be as specified in the underlying zoning district regulations except NR extraction use. Such as a that no natural resource extraction operation, including associated maintenance shop, scale house, uses, and structures containing any such use shall be located less office, and structures associated than one hundred (100) feet from any public road right -of -way or with aggregate processing. adjoining property within any residential district; except that no There is a 100' buffer indicated such operation, uses or structure shall be located within two on the operational plan along the hundred (200) feet of any contiguous property subdivided into perimeter of the NR property. residential lots of one (1) acre or less not under the ownership or The current active mining area is control of the applicant nor within two hundred (200) feet of any over 200' away from all occupied dwelling. residential lots less than 1 acre. 30.4.07 FENCING Please see the attached site map Any natural resource extraction operation shall be subject to such for location of fencing fencing requirements as may be deemed necessary by the zoning administrator for the protection of the public safety. In particular, fencing shall be provided in the cases hereinafter described by a substantial fence erected at least sixty (60) feet outside the limits thereof, such fence being at least five (5) feet in height and so designed as effectively to control access thereto from locations ordinarily open to the general public, including, but not limited to, locked gates at all access points. 30.4.7.1 The top of all open excavations having a depth often (10) Please see attached map feet or more, which will create a slope of forty -five (45) degrees or more from the horizontal and which shall remain for a period of more than twenty -four (24) hours; 30.4.7.2 Any collection of water of five (5) feet or more in depth Please see attached map and occupying an area of two hundred (200) square feet or more, which shall remain for at least one (1) consecutive month. 30.4.08 LATERAL SUPPORT The quarry shall be operated All operations shall be conducted in a safe manner with respect to safely under the DMME and the likelihood of hazard to persons, physical damage to adjacent MSHA regulations land or improvements and damage to any public road by reason of slides, sinking or collapse. 30.4.09 ROADSIDE LANDSCAPING, SCREENING There is a 50' buffer berm along Existing trees and ground cover along public road frontage shall be the property fronting Route 643 preserved, maintained and supplemented by selective cutting, to screen the operations. This transplanting and addition of new trees, shrubs and other berm was created during earlier ground cover for the depth of any roadside setback. The type, operations of the quarry and will design and spacing of such plantings shall be approved by the be extended along Route 643. zoning administrator and shall be so designed as to lessen the visual Natural vegetation is already impact of the activity from any adjacent public road, and to densely established on this berm. minimize the noise and dust resulting from such operation. In any case in which roadside planting is not practical, the zoning administrator may permit the substitution of other screening devices such as fences, berms, walls and the like which are adequate to accomplish the same purpose. 30.4.10 HOURS OF OPERATION We will follow the operational Operations involving power equipment of an industrial type shall limits established in this section. be limited to the hours of 7:00 a.m. to midnight except in cases of a public emergency as determined by the director of emergency services for the county. Blasting operations shall be restricted to Monday through Friday between 8:00 a.m. and 5:00 p.m. 30.4.11 PUBLIC IMPROVEMENTS, INTERNAL ROADS 30.4.11.1 Operations as proposed shall not generate unusual traffic There shall be no unusual traffic hazards or the need for improvements to public streets or other hazards and the existing public facilities at public expense. infrastructure is adequate to handle any traffic generated by quarry operations. 30.4.11.2 All internal access roads shall be surfaced with Please see the attached site map. bituminous or other dust free surface for a distance of three hundred (300) feet from any public road. 30.4.12 TRANSPORTATION OF EXCAVATED MATERIALS Vehicles used to transport All vehicles used to transport excavated materials shall be loaded excavated materials will pass in such manner that the material cannot be unintentionally through a wash station equipped discharged from the vehicle. All such vehicles shall be cleaned of with spray bars that will spray all material not in the load -bed prior to entering onto any public the top, sides, front, and rear of road. the vehicle with high pressure water to remove all material not in the load -bed. They will also pass through a wheel wash that will remove loose material from the tires. 30.4.13 COLLECTIONS OF WATER Stagnant pools will be either Creation of undrained pockets and stagnant pools of water shall be sprayed or removed during the avoided to the maximum extent reasonably practicable, and all such regular maintenance of the site, undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in accordance with requirements of the Virginia Department of Health to eliminate breeding places for mosquitoes and other insects. 30.4.14 PERFORMANCE STANDARDS In addition to any other provision of law, the following performance standards shall apply to any use permitted hereby: 1. No blasting shall be permitted except in conjunction with a Since this is a stone quarry permit for a stone quarrying operation; operation, blasting shall only be performed- in conjunction with stone quarrying. 2. Ground vibration from surface blasting shall not exceed the Blasting will conform with limits set forth in 4 VAC 25 -40 -880, as measured in the manner set applicable state and federal forth therein (Amended 6- 14 -00); standards. 3. Airblast resulting from surface blasting shall not exceed 129 Blasting will conform with decibels at any occupied structure not on the subject property. applicable state and federal (Amended 6- 14 -00) standards. 30.4.15 OFF - STREET PARKING Ample parking will be provided Off - street parking areas adequate for all employees' vehicles and in the "Contractor's Yard" area as used in any extractive operation shall be provided. shown in the map. Certified ✓Dgineer's Report Charlottesville Quarry — Roc1c.ydale Quarries Corp June l6; 2010 CERTIFIED ENGINEERS REPORT CHARLOTTESVILLE QUARRY June 16, 2010 LOCATION: Albemarle County, Virginia PREPARED FOR,: Rloc,kydale Quarries Corp PREPARED BY: Roam". Nm 34713 0 ENGINEERING CONCEPTS, INC. 20 S. nOANOKE ST., PO BOX 619 nNcASTLE,.V1RGM1A 24090 540.473.1253 FAX:540.473.1254 Roam". Nm 34713 0 Certified Engineer's Report Charlottesville Quarry — Rockydale Quarries Corp June 16, 2010 TABLE OF CONTENTS Section - _ Page - - -- i Introduction........................................... ............................... 1 Noise.................................................... ............................... 2 I Vibration...................................................... ............................... 3 Glare.......................................................... ............................... 4 I AirPol lution .................................................. ............................... 4 WaterPollution ............................................. ............................... 4 Radioactivity................................ ............................... 5 Electrical Interference .......................................... ..............................5 Conclusion.................................................. ............................... 5 Appendices.................................................. ............................... 6 j DMME Permit Tax Map l General Site Map Processing Plant Flow Sheet l General Aggregate Processing Narrative Noise Attenuation Study DEQ Water Permit i DEQ Aggregate Processing Emission Calculations Radioactivity Study MSDS Sheets 2 Certified Engineer's Report Charlottesville Quarry — Rockydale Quarries Corp June 16, 2010 INTRODUCTION This report is submitted for`Rockydale Quarries Corporation, as required by zoning' administrator citing Chapter 18, Section 26.7 of the Albemarle County Zoning Ordinance which states that "Each future occupant of an industrial character shall comply with standards set forth in section 4.14 and submit to the county engineer, as a part of the final site development plan approval, a certified engineer's report ... ". As part of final site development approval to confirm compliance with the applicable performance standards. The proposal is to reactivate a quarry operation which will include blasting and a mobile processing plant. The mobile processing plant will be utilized while a permanent processing facility is being erected. The site is noted in the Albemarle County Comprehensive Plan as "a crushed stone quarry near the South Fork Rivanna Reservoir" no longer in operation. The site is located at Tax Map 45 - Parcel 58 (Deed Book 3850, Page 181), Parcel 60 (Deed Book 3850, Page 181), Parcel 61 (Deed Book 3850, Page 18 1) on Rio Mills Road (state route 643), just north of the South Fork Rivanna River Reservoir and just west of Route 643, Rio Mills Road, about one -third of a mile west of Route 29 (see the tax map in the appendix). It is currently zoned RA -NR, present use listed as quarry and is in the Rio Magisterial District. All three parcels are within the Natural Resource Extraction Overlay District — NR. Section 30.4.02.1 of the Zoning Ordinance specifies the permitted uses by right: "Within any NR district, uses may be permitted by right as for and subject to the district regulations of the underlying zoning district. In addition, there shall be permitted by right within any NR district the following uses: 1. Except as otherwise provided in sections 10.2.1.18, 10.2.2.40 or 30.4.2.2, removal soil, sand, gravel stone or other minerals by excavation, stripping, quarrying or other mining operation. 2. Accessory uses to a use permitted by right such as blasting, washing, grading, sorting, stockpiling, grinding and the like; provided that such operations are located on the site of the main use." Clearly quarrying and blasting are permitted by right in this district. Material Safety Data Sheets (MSDS) are attached in the appendix Certified Engineer's Report Charlottesville Quarry — Rockydale Quarries Corp June 16, 2010 The purpose of this report is to address the requirements of Section 4.14 of the Zoning Ordinance of the County of Albemarle, Virginia. This section requires that a certified engineer's report must address the County Standards on the following seven items: 1. Noise 2. Vibration 3. Glare 4. Air Pollution 5. Water Pollution 6. Radioactivity 7. Electrical Interference 4.14 PERFORMANCE STANDARDS CONFORMANCE The occupant will comply with the standards of performance and use shall be established and conducted as follows: 1. Noise The noise generated by the proposed activity should be no different than when the site was in operation previously. The primary noise generators are expected to be the blasting component and the power generators on the mobile crushing units. We have performed a preliminary sound attenuation study (see Appendix) utilizing a 85 dB sound source. This sound volume was measured at our Roanoke plant which is a comparable source to the plant to be erected. The attenuation of sound was based solely on distance and is calculated to be approximately 62 dBA at the closest property line which is along Rio Mills Road. This attenuation of sound model does not take into account any terrain shielding or vegetative screening which would further reduce sound levels. Due to the time and expense involved in taking the terrain and vegetation into account in the sound attenuation study we will instead perform an onsite noise study. The study will be performed on June 9, 2010 by utilizing a power generator that produces 95 dB at the stack. If during the onsite noise study sound levels at the exterior property lines exceed the allowable 60 dB engineering controls will be utilized to reduce the sound levels and demonstrate compliance with the county ordinance. These same engineering controls would be utilized during actual crushing operations to reduce sound levels at the property line. The performance standard in a Natural Resource Extraction Overlay District — NR is that airblast resulting from surface blasting shall not exceed 129 decibels at any occupied structure not on the subject property (30.4.14.2). The overpressure will be monitored and recorded for each blast. These records will be kept on site and available for county review. Certified Engineer's Report Charlottesville Quarry — Rockydale Quarries Corp 2. Vibration June 16, 2010 An outside contractor will be utilized to handle explosives and blasting. The contractor will transport explosives to,and_from the- site „as_ needed. No explosives will be stored on site. The performance standard in a Natural Resource Extraction Overlay District — NR is that Ground vibration from surface blasting shall not exceed the limits set forth in 4 VAC 25- 40 -880, as measured in the manner set forth therein (30.4.14.1). Under this standard there are two acceptable methods to determine vibration levels. One is to utilize scaled distance formulas and the second is to use seismographs to record each blast. We will utilize the second method and record seismographic data for each blast. When utilizing this method the peak particle velocity must not exceed the values in the table below, as stated in the standard. Distance (D) to Peak Particle nearest inhabited Velocity, inches Ds (when not building, feet per second using a seismo rg auh) 0-300 1.25 50 301-5,000 1.00 55 5,001 and beyond 0.75 65 The alternate method allowed under the standard is to utilize the following scaled distance formulas. W = (D/Ds) ^2 Ds = D /sgrt(W) D = distance, ft, from blast site to nearest inhabited building not owned or leased by the mine operator W = maximum charge weight, lb, of explosives per delay period of 8.0 milliseconds of more Ds = Scaled distance factor shown in table above Example charge weights, distances and scale distances are shown below. W (lb) D (ft) Ds 20 36 8.05 100 80 8.00 20 450 100.62 100 450 45.00 20 1500 335.41 100 1500 150.003. Glare 5 Certified Engineer's Report Charlottesville Quarry — Rockydale Quarries Corp June 16, 2010 The processing equipment onsite will cause neither direct or sky reflected glare. High temperature processes such as combustion, welding or flared exhaust will not be visible beyond the exterior property lines. The existing tree line, dense vegetation and berms will further screen the site. Parking lights and flood lights for the proposed facility will be located to avoid glare. The operations of the proposed facility are not expected to adversely affect the navigation or control of aircraft per Part 77 of the Federal Aviation Regulations. The applicable regulation for glare is the Albemarle County Zoning Ordinance 4.14.3. 4. Air Pollution The State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution apply within Albemarle County. As a new source this facility will also be subject to 9 VAC 5 -80 -1100 (article 6) which is the code section for new and modified sources. 5. Water Pollution This site operates under DEQ General Permit No. VAG840204 (see appendix) which allows nonmetallic mineral mines to discharge to surface waters within the boundaries of the Commonwealth of Virginia. This site currently has one permitted outfall which must be monitored quarterly for Total Suspended Solids and PH. The monitored results are reported to the DEQ. The use of water at this site will consist of several processes. A closed circuit wheel wash will be utilized to clean debris from on -road trucks. The water will be filtered and retained within this system. Water will be utilized for wet suppression of dust in the processing facility. Septic fields will be added for the proposed scale house and maintenance facility and there is an existing septic field for the office. All sewage will be disposed into on -site septic fields. A copy of the health permit for the existing septic field is in the appendix. Creation of un- drained pockets and stagnant pools of water shall be avoided. Any areas that do collect stagnant water will be filled and drained in accordance with requirements of the Virginia Department of Health to eliminate breeding places for mosquitoes and other insects. (30.4.13) The regulations of the Virginia State Water Control Board apply within Albemarle County. The Board is empowered under Title 62. 1, Code of Virginia, Chapter 3. 1, State Water Control Law, to issue rules and regulations concerning control of water pollution within the State. The State Water Control Board's Regulation No. 6 defines "Industrial wastes" as a liquid or other waste resulting from any process of industry, manufacture, trade or business. No "industrial wastes" will be produced by the relocated facility. Certified Engineer's Report Charlottesville Quarry - Rockydale Quarries Corp 6. Radioactivity June 16, 2010 A radioactivity study was performed and no radioactive material was found. Please see the report in the appendix. The use involved with this application, does not involve the production, use, or disposal of € any material which is radioactive. The expected level of discharge or emission will be non- existent. 7. Electrical Interference The occupant will not engage in activities which generate electromagnetic emanations in the radio frequency spectrum of sufficient power level to radiate beyond the property line and, therefore, will not interfere with any neighboring lot or adversely affect operation of equipment either on neighboring lots or overhead or adversely affect the navigation or control of any aircraft. 30.3 FLOOD HAZARD OVERLAY DISTRICT — FH Certified engineer's reports do not normally address the flood hazard overlay district, but the County letter of October 14, 2008 sent to Hurt Investment Company specifically addressed Section 30.3, the Flood Hazard Overlay District. The County's online GIS mapping does not indicate any flood hazard overlay district within parcels associated with this proposed use. A review of the FEMA Flood Insurance Rate Map 51003CO280D, effective date February 4, 2005, also does not show any mapped 100 -year flood plains within the limits of the properties identified. CONCLUSION Based upon the data available, our review of the County standards, and the proposed operation of the Charlottesville Quarry, it is our opinion that the proposed operation will comply with all of the County Performance Standards. 7 i Certified Engineer's Report Charlottesville Quarry — Rockydale Quarries Corp June 16, 2010 APPENDICES (Information in Appendices provided by Rockydale Quarries Corporation unless noted otherwise) DMME Permit Tax Map General Site Map Processing Plant Flow Sheet General Aggregate Processing Narrative Noise Attenuation Study DEQ Water Permit DEQ Aggregate Processing Emission Calculations Radioactivity Study MSDS Sheets 8 Certified Engineer's Report Charlottesville Quarry — Rockydale Quarries Corp June 16, 2010 EXEL Lead -In -Line (20015) shock tube for non - electric blast initiation MSDS PowerAN (20020) booster - sensitive explosive MSDS Exel Connectadet 20063 non electric detonator MSDS Exel Constadet, Exel Handidet, Exel Handidet LP, Exel XE MS, Exel LP (W), Exel MS (W), Exel XT, Exel T &D (20080) non - electric detonators MSDS Pentex & BST Cast Boosters (20083) used for initiation of explosive mixtures MSDS PowerNel 1500, PowerNe12000 (20165) booster - sensitive emulsion explosive MSDS Ammonium Nitrate Prills MSDS l 9