HomeMy WebLinkAboutLOD201400024 Legacy Document 2014-12-23COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 23, 2014
James Henry Craig Life Estate
8705 Schuyler Road
Schuyler, VA 22969
Re: Official Letter of Determination
Not Nonconforming Use for Natural Resource Extraction
(LOD 2014-24) (Tax Map 126, Parcel 31A7 at 8705 Schuyler Road)
Dear Mr. Craig,
This letter is in response to your letter of determination application for the above -referenced
property located at 8705 Schuyler Road aka Route 800 (the "Property").
Based upon two prior determinations issued for TMPs 126-31A2, 126-31A3 & 126-31A4 (LOD
2013-008 and LOD 2013-003 Attachment A), it is my determination that there is no legally
nonconforming use for mining or other natural resource extraction activity on the Property. This
determination also relates to accessory uses to natural resource extraction, including access
roads.
Evidence relevant to this determination includes (Attachment B):
• An affidavit dated November 17, 2013 from James Craig stating that no mining
activity has been observed at the back of the Property since between 1970 and
1980.
• Aerial photography shows that, at some point between 1966 and 1974, the
quarry on parcel 31A7 filled with water. Because of the impracticality of
removing stone from a quarry filled with water and the absence of evidence to
the contrary, we conclude that natural resource extraction ended sometime prior
to 1974. And
• A 1986 map included with Tulikivi's 1989 DMME permit amendment labels the
quarry hole partially located on the Property as an abandoned lagoon. Exhibit #2
of the same 1989 permit amendment states that there is "no actual quarrying at
the present time" and makes reference to removing old soapstone blocks from
this quarry. In addition, no portion of the Property is included within the disturbed
area of the 1991 or 1998 DMME permit amendment maps.
James Henry Craig Life Estate
December 23, 2014
Page 2
This Determination is limited to Tax Map 126, Parcel 31A7, and it does not amend or supersede
any prior determinations pertaining to the Serpentine mine on other parcels. This Determination
also does not affect or pertain to privately owned mineral rights that may be reserved in the
Property, except to the extent that those rights may be exercised under the Albemarle County
Zoning Ordinance.
Anybody aggrieved by this determination, has a right to appeal it within 30 days of this notice,
in accordance with Virginia Code § 15.2-2311; provided, however, that a 10 day appeal period
applies to appeals of decisions pertaining to temporary or seasonal commercial uses, and
such appeals shall be filed within ten 10 days after this decision. If you do not file a timely
appeal, this determination shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and
the Board of Zoning Appeals, in accordance with Albemarle County Code § 18-34.3, along
with a fee of $240 plus the actual cost of advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia
22902 or online at www.albemarle.org/cdapps. This form applies to appeals of decisions of
the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are outlined in
Albemarle County Code § 18-34.3, which may be reviewed online at
www.albemarle.org/countycodebza.
Sincerely,
G,
Amelia G. McCulley, A.I.C.P.
Zoning Administrator
Cc: Nan Flynn
Vance Wilkins
Jo Higgins
Attachment A: LOD 2013-008 and LOD 2013-003 Combined
Attachment B: Evidence Relevant to Determination
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
July 29, 2014
Nancy Stuart Flynn and Tina
8669 Schuyler Road
Schuyler, VA 22969
Bonnie M Harden
341 Cobb Road
Pelzer SC, 29669
Marie Twitchell
Re: Official Letter of Determination
Not Nonconforming Use for Natural Resource Extraction
(LOD 2013-008) (Tax Map 126, Parcel 31A4 at 8679 Schuyler Road) and
(LOD 2013-003) (Tax Map 126, Parcels 31A2 and 31A3 at 8669 and 8675
Schuyler Road)
Dear Ms. Flynn, Ms. Twitchell and Ms. Harden,
This letter is in response to your letter of determination applications for the above -
referenced properties located at 8669, 8675 and 8679 Schuyler Road aka Route 800
(the "Property"). The key questions for this determination are a) whether the activities
on the Property constitute natural resource extraction and b) whether a legally
nonconforming use has been maintained. Based upon the information reviewed,
including the information provided by the owner of the quarry known as Serpentine, it is
my determination that there is no legally nonconforming use for mining or other natural
resource extraction activity on the Property. This determination also relates to
accessory uses to natural resource extraction, including access roads.
In making this determination, I considered a broad and voluminous array of information
from various sources, including: aerial photographs from 1966 through 2013;
Department of Mines, Minerals. and Energy (DMME) information on permits,
inspections, tonnage and complaints; eyewitness affidavits; newspaper articles; and
Property history from Albemarle County Community Development Department files. In
addition, the lot owners (as listed above) and Mr. Wilkins submitted information in
response to specific questions. On 12-30-2013, Ms. Higgins, submitted a notebook of
information on behalf of Mr. Wilkins in response to five initial questions. She also
provided e-mail information in response to additional questions and to offer new
Nancy Stuart Flynn and Tina Marie Twitchell
Bonnie M Harden
July 29, 2014
Page 2
information on 1-27-2014, 3-18-2014, 5-24-2014, 6-10-2014, 6-11-2014 and 6-18-2014.
(For a more specific listing of information, please see Attachments A and B.)
Background
The Property is part of a quarry known as Serpentine (also known as Serene). It is one
of several quarries under an ownership interest by Vance Wilkins since 1976. Other
non -adjacent quarries include Climax, Old Dominion and Alberene. The main
soapstone processing plant is located in Nelson County, south of the Property. A
lessee has operated the natural resource activity for many years.
The Property was zoned Al when zoning was adopted in 1969 and then zoned Rural
Areas (RA) when the comprehensive rezoning was adopted December 10, 1980. The
Albemarle County Zoning Ordinance permits mining and other natural resource
extraction within the Natural Resource Extraction Overlay District ("NR district" or "NR
use").The Property is not zoned as an NR district. Natural resource extraction would be
allowed on the Property only by rezoning it to NR or if it were found to be a legally
nonconforming use.
The subdivision plat creating the individual lots comprising the Property was signed by
the County on 5-31-1990. The act of subdividing the existing home sites onto individual
lots did not itself change the use with regards to any nonconforming NR use.
The burden of proof is on the landowner (or person seeking to establish such) to
establish a nonconforming use except in a criminal proceeding, Patton v. City of Galax,
269 Va. 219, 609 S,E.2d 41 (2005). There is no presumption that a lawful
nonconforming use exists, so the party seeking to establish nonconforming status must
produce probative material evidence to meet the burden. See, Board of Supervisors of
Fairfax County v. Board of Zoning Appeals of Fairfax County, 271 Va. 336, 626 S. E.2d
374 (2006).
Albemarle County's Zoning Ordinance expressly disfavors nonconforming uses.
Albemarle County Code §18-6.1 provides in part:
Nonconforming uses, structures and lots are declared to be incompatible with the
zoning districts in which they are located and, therefore, are authorized to
continue only under the circumstances provided herein until they are
discontinued, removed, changed or action is talcen to conform to the zoning
regulations applicable to the district in which the use, structure or lot is located.
Mining differs from a typical nonconforming use because it falls within the diminishing
asset doctrine. By their very nature, quarries commence on one spot and spread to
additional ground as the quarried materia( (e.g., stone, sand) is exhausted and the
quarry activity continues. The diminishing asset doctrine manifests itself in Albemarle
Nancy Stuart Flynn and Tina Marie Twitchell
Bonnie M Harden
July 29, 2014
Page 3
County Code §18-6.2(A)(1), which allows a nonconforming quarry to extend to use
additional area of the original lot or other abutting lots under identical ownership as the
lot on which the nonconforming use exists on the effective date of the chapter.
However, Albemarle County Code §18-6.2(A)(1) does not apply to this determination.
Albemarle County Zoninq Regulations Relating to Minin_q
Mining in Albemarle County is allowed under the broader natural resource extraction
use category. Albemarle County Code §18-3.1 defines "natural resource extraction" as:
The process by which coal petroleum, natural gas, soil, sand, gravel, ore, or other
minerals is removed from any open pit, borings or any other underground
workings and produced for sale, exchange or commercial use or otherwise
removed from the site, and all shafts, slopes, drifts or inclines leading thereto and
including all buildings, structures and equipment above and below the surface of
the ground used in connection with such process. Natural resource extraction as
defined herein shall not be deemed to include: exploratory activities designed to
determine the presence of coal, petroleum, natural gas, soil, sand, gravel, ore, or
other minerals, including but not limited to, excavation, drilling, boring or core
boring; the drilling or boring of wells for the purpose of obtaining water; nor the
removal of soil and other related material as necessary to establish another
permitted use upon the same site.
Albemarle County Code §18-30.4.02 permits the following uses within the NR district
by -right:
30.4.02 PERMITTED USES
30.4.02.1 BY RIGHT
Within any NR district, uses may be permitted by right as for and subj ect to the
district regulations of the underlying zoning district. hi 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 of soil, sand, gravel, stone or other minerals by excavating,
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.
Questions for Determination and AnalVs
Again, the key questions for this determination are a) whether the activities on the
Property constitute natural resource extraction and b) whether any legally
nonconforming use has maintained its nonconforming status.
Nancy Stuart Flynn and Tina Marie Twitchell
Bonnie M Harden
July 29, 2014
Page 4
The Activities on the Property Do NOT Constitute Natural Resource Extraction
The first analysis relates to the use determination. The Albemarle County Zoning
Ordinance's definition of natural resource extraction consists of two elements: 1)
removal of minerals and 2a) production for sale, exchange or commercial use or 2b)
production for other purpose.
Based on aerial 'photography, at some point between 1974 and 1980, the quarry on
parcel 31A4 filled with water. Because of the impracticality of removing stone from a
quarry filled with water and the absence of evidence to the contrary, we conclude that
natural resource extraction ended sometime prior to 1980. Therefore, the activities on
the Property do not meet the definition of natural resource extraction for at least two
reasons:
1. Stockpiling and removal of stockpiled stone does not constitute a "process
by which minerals is (are) removed from any open pit, borings or any other
underground workings" (Albemarle County Code § 18-3.1 (definition of
natural resource extraction)). Since the quarrying activity on the Property
ended, none of the stone was removed from underground workings.
Because Parcels 31A2 and 31A3 do not include a quarry pit, any removal
of stone has not been from underground workings on those parcels.
2. By definition, an accessory use must occur on the same property as the
primary use. (Albemarle County Code § 18-3.1). In this case, the
accessory use (processing the soapstone for commercial sale) occurs
offsite, in an adjacent county, on property under different ownership.
A Former Legally Nonconforming Use Has NOT Maintained Its Nonconforming
Status on the Property
The second question is whether a former legally nonconforming use has maintained its
nonconforming status on the Property. If a nonconforming use predates the zoning
regulations, the necessary elements to establish a legal nonconforming use are: 1) the
use is not discontinued for -more than two years; and 2) the then -existing or more
restricted use continues. (Virginia Code § 15.2-2307; Albemarle County Code § 18-
6.2(G)).
Insufficient Evidence of Continuous Natural Resources Extraction Use
The mineral rights owner, Vance Wilkins, has not provided sufficient evidence to
establish that the natural resource extraction use has not discontinued for more than
two years on the subject Property. The information provided by Mr. Wilkins is either
overly general as to the location of any use -related activities or conflicts with State
records as to the status of the mining operation.
Nancy Stuart Flynn and Tina Marie Twitchell
Bonnie M Harden
July 29, 2014
Page 5
Six affidavits provided by Ms. Harden from residents on Schuyler Road, Salem Road
and Irish Road all state they have not seen activity on the Property since the 1970s.
(See Attachment B for more specific information regarding these affidavits.)
Inspection reports from the Virginia Department of Mines, Minerals and Energy
("DMME") reference inactivity on the Property for a time period exceeding two years,
While the references are not specific to the parcels involved in this determination, they
are specific to the quarry whose activities included portions of this Property. A total of
seven inspection reports from. 1-10-83 to 4-1-86 relating to the quarries that include the
Property use statements such as "no active quarrying," "inspected mining site and found
it to be inactive," and "there is still no active quarrying being done." Reports dated 3-2-
87 and 5-18-87 include the statements "...An existing quarry, just north of the main
plant and offices, is being cleaned up and readied for production" (3-2-87) and
"Renovation and cleanup of the processing and quarrying area at Schuyler are still
underway (5-18-87)." (See Attachment B for more specific references to the inspection
reports.)
A 1986 map included with Tulikivi's 1989 DMME permit amendment labels the
northernmost abandoned quarry holes as lagoons. Exhibit #2 of the same 1989 permit
amendment states that there is "no actual quarrying at the present time" and makes
reference to removing old soapstone blocks from this quarry. In addition, the 1991
DMME permit amendment map includes only an access road and stockpile area within
the disturbed area. A 1998 amendment map includes only a stockpile area and
detention basin within the disturbed area, suggesting that since the mid 1980's, the
primary use of the Property has been storage and removal of old stockpiled soapstone,
but not mining or natural resource extraction.
The 1990 Special Use Permit (SP 90-11 Kenneth Carroll / Vance Wilkins) was approved
by the Albemarle County Board of Supervisors to allow the subdivision creating eight
lots, including the subject Property. The staff report for this application includes the
statement "the rear portion of the site is an abandoned quarry." This also supports the
finding that the natural resource extraction activity ended in prior years.
Based upon the foregoing, there is insufficient evidence to conclude that natural
resource extraction was occurring on the Property between the inspection that resulted
in the 1-10-83 DMME inspection report and the 1989 permit amendment exhibit, or even
longer. Accordingly, Serpentine has failed to meet its burden to establish that natural
resource extraction was not discontinued on the Property for more than two years.
The Then -Existing or More Restricted Use Has NOT Continued
Based on historic aerial photography, at some point between 1966 and 1974, the quarry
on parcel 31A4 was established. Again, based on aerial photography, sometime before
1980, this quarry filled with water. Because it is not practical to remove stone from a
quarry filled with water and there is no evidence provided to the contrary, it is
Nancy Stuart Flynn and Tina Marie Twitchell
Bonnie M Harden
July 29, 2014
Page 6
reasonable to deduce that active mineral extraction from an open pit on parcel 31A4
ceased prior to 1980,
Though Mr. Wilkins claims that nonconforming status has been maintained by both a)
stockpiling stone and b) using the Property for pumping slurry from the processing at
the plant prior to discharge into a stream, neither activity meets the definition of natural
resource extraction nor rises to the level of substantiality to qualify as a nonconforming
use in and of itself.
Stockpiling of stone does not meet the definition of "natural resource extraction"
(Albemarle County Code § 18-3.1) and, by itself, is at most accessory to a primary
natural resource extraction use. (Albemarle County Code § 18-30.4.02.1(1)) If the
regulations were as Mr. Wilkins suggests, unused stockpiles would forever maintain a
nonconforming status without further action.
Courts have long recognized that for a use to be eligible for nonconforming status, it not
only must be a primary use of the property, it also should be substantial. See Knowlton
v. Browning-Ferris Industries of Virginia, Inc., 220 Va. 571, 260 S.E.2d 232 (1979). This
case stood for the principles that a use that is accessory or incidental to a permitted use
cannot be made the basis for a nonconforming principal use. None of the'activities Mr.
Wilkins has described occurring on the Property are substantial, but were instead
always accessory to the nonconforming natural resource extraction use.
Indeed, as previously stated, stockpiling is classified within the Albemarle County
Zoning Ordinance as accessory to natural resource extraction (Albemarle County Code
§18-30.4.02.1 (1)). Washing and grinding, the activities resulting in the slurry line that
was onsite, are also accessory uses. An accessory use cannot become a primary
nonconforming use. See Edenton v. Zoning Appeals Board, 37 Va. Cir. 176 (1995).
Moreover, the mere continuation of a use that is accessory to the primary natural
resource extraction use during any two-year period cannot continue the nonconforming
use. (Albemarle County Code § 18-6.2(G): `The continuation of a use that is accessory
to the nonconforming use during the two -(2) year period shall not continue the
nonconforming use.")
Even assuming for the sake of argument that natural resource extraction had previously
existed on all three parcels comprising the Property and had not discontinued for more
than two years, the withdrawal of natural resource extraction activity from the Property
over the past 30 years is a change to a more restricted nonconforming use within the
meaning of Albemarle County Code § 18-6.2(D), which provides:
If a nonconforming use is changed to a more restricted nonconforming use, the
original nonconforming use shall be deemed to be abandoned and the use shall
not thereafter be changed back to the original nonconforming use. For purposes
of this subsection, a more restricted nonconforming use is a use whose character
Nancy Stuart Flynn and Tina Marie Twitchell
Bonnie M Harden
July 29, 2014
Page 7
is either less nonconforming than the original nonconforming use, or that occupies
less area of the lot or the structure or structures in which it is located.
Conclusion
Based on evidence from aerial photography, affidavits from first-hand witnesses and
permit amendments and reports from DMME, the natural resource extraction activity on
the Property was discontinued for more than two years. The only activities occurring on
the Property during the period relevant to this determination have been, at most,
subordinate to activities occurring on other parcels that are not the subject of this
determination, For the reasons explained above, these subordinate activities do not
constitute a primary natural resource extraction use that would preserve nonconforming
status on the Property, The natural resource extraction use existing at the time of
adoption of the Zoning Ordinance in Albemarle County has not continued in a way that
preserves its nonconforming status on the Property.
Even if the natural resource extraction use on the Property had not ceased for more
than two years, only a significantly more restricted nonconforming use would remain.
The use of stockpiled minerals, as opposed to actual quarrying from underground
workings, ceased .several decades ago. Actual quarrying may not commence without
rezoning the property to Natural Resource Extraction Overlay (NR) District.
This Determination is limited to Tax Map 126, Parcels 31A2, 31A3 and 31A4 and it does
not amend or supersede any prior determinations pertaining to the Serpentine mine on
other parcels. This Determination also does not affect or pertain to privately owned
mineral rights that may be reserved in the Property, except to the extent that those
rights may be exercised under the Albemarle County Zoning Ordinance.
Anybody aggrieved by this determination, has a right to appeal it within 30 days of this
notice, in accordance with Virginia Code § 15.2-2311; provided, however, that a 10
day appeal period applies to appeals of decisions pertaining to temporary or seasonal
commercial uses, and such appeals shall be filed within ten 10 days after this
decision. If you do not file a timely appeal, this determination shall be final and
unappealable.
An appeal may be taken only by filing an appeal application with the Zoning
Administrator and the Board of Zoning Appeals, in accordance with Albemarle County
Code § 18-34.3, along with a fee of $240 plus the actual cost of advertising the appeal
for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at
the Department of Community Development located at 401 McIntire Road,
Charlottesville, Virginia 22902 or online at www.albemarle.org/cdapps. This form
applies to appeals of decisions'of the zoning administrator or any other administrative
Nancy Stuart -Flynn and Tina Marie Twitchell
Bonnie M Harden
July 29, 2014
Page 8
officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning.Appeals are
outlined in Albemarle County Code § 18-34.3, which may be reviewed online at
www.albemarle.org/countycodebza.
Sincerely,
Amelia G. McCulley, A.I.C.P.
Zoning Administrator
Cc: Vance Wilkins
Jo Higgins
Attachment A: List of Information Reviewed
Attachment B: Evidence Relevant to Determination
Attachment B — Evidence Relevant to Determination
Resident affidavits
1) James Craig, October 17, 2013 — "have not seen or heard any mining activities in the
Quarries behind my home where I live 8705 Schuyler Va 22969 (home address). The last
time I can remember any activity was back in 70-80 (mm/year)"
2) Linwood L. Allen, October 16, 2013 — "have not seen or heard any mining activities in the
Quarries behind my home where I live 8693 Schuyler R Schuyler Va (home address). The
last time I can remember any activity was back in E 70 (mm/year)"
3) Lisa Wooten, October 16, 2013 — "have not seen or heard any mining activities in the
Quarries behind my home where 1 Live 8657 Schuyler Rd (home address). The last time I
can remember any activity was back in see below (mm/year). Haven't seen any activity
since I lived here been here since 1982."
4) Diane G. Evans, October 28, 2013 — "have lived in Schuyler, Virginia for 51 years. I have
frequently visited many of the Abandoned Quarries/mines including Quarry/mine #5 the
black serpentine. No Quarry mining has taken place in the Schuyler Subdivision east of
route 800 since the early 70's (Mine #5, known as Snead hill)"
5) Bruce Evans, October 29, 2013 — have lived in Schuyler, Virginia for 49 years. l have
frequently visited many of the Abandoned Quarries/mines including Quarry/mine #5 the
black serpentine. No Quarry mining has taken place in the Schuyler Subdivision east of
route 800'since the early 70's (Mine #5, known as Snead hill)"
6) James Evans, October 16, 2013 — have lived in Schuyler, Virginia for 40 years. I have
frequently visited many of the Abandoned Quarries/mines including Quarry/mine #5 the
black serpentine. No Quarry mining has taken place in the Schuyler Subdivision east of
route 800 since the early 70's (Mine #5, known as Snead hill)"
7) Charles Wooten, Jr., October 28, 2013 — "have not seen any mining on my dad and mothers
property. Surface stone was removed/sold by the property owner to make the yard safer for
the children myself and my sisters. I was 8 or 9 at the time. I have frequently swim in the
abandoned quarries in the subdivision. Nothing has been touched in our area by mining.
Huge trees have grown on top of the rocks, My father said that the rocks were dumped by
the train. In approx, the darricks and buildings were removed by Kenneth Carrol, Randy
Tinnell, and Bobo Tinnell. My grandmother lived in an old school bus at the abandon quarry
in lot number 4. Live 8657 Schuyler rd Schuyler Va 22969. I've lived here for 31 yr Feb
1982. 1 still live here now. Feel free to call me at 434-326-3311. The derrecks removed
approx 1988."
8) Nathaniel Eubanks, October 17, 2013 — "not seen or heard mining activity since 1973; left
company in April 1977; reports that company that took over mining operation in 1998 was
using stone that had been dumped."
Attachment B; Evidence Relevant to Determination
9) Nancy Flynn, October 16, 2013 -- "have not seen or heard any mining activities in the
Quarries behind my home where I live 8669 Schuyler Rd Schuyler VA 22969 (home
address). The last time I can remember any activity was back in see below. I moved in on
September 2007 and have not seen any mining on my property or any of the other Quarries
behind me."
10) Bonnie Harden, October 28, 2013 — "have not seen or heard any mining activities in the
Quarries behind my home where I live 8679 Schuyler Rd (Home address). The last time I
can remember any activity was back in Dec 2009 when I purchased my home. I also visited
the area 2 years prior to purchasing the subdivision property. I have been swimming in my
quarry since my first visiting the area. It has been abandoned for decades. There is no
fencing, no silt retainage no bldgs? My research in county Zoning does not allow mining in
any way. No land or stone moved in decades. I stocked my pond & personally cleaned up
trash from decades as well. I have photographs & historical ariel views. Nothing has moved
(again) in decades."
DMME inspection reports
11)1-10-83 DMME Inspection Report (Permit M-160) - notes mining site is "closed down";
operation status "inactive"
12)10-7-83 DMME Inspection Report (Permit M-160) - inactive status; "no mining at this site in
the last couple of months"
13)11-5-84 DMME Inspection Report (Permit M-160) - inactive status; "no change in
operations"
14) 5-16-85 DMME Inspection Report (Permit M-160) - inactive status; "still trying to find
investors to re -open the site"
15) 4-1-86 DMME Inspection Report (Permit M-160) - inactive status; "there is still no active
quarrying being done"
16) 3-2-87 DMME Inspection Report (Permit 569) - "an existing quarry .., is being cleaned up &
readied for production" '
17) 5-18-87 DMME Inspection Report (Permit 569) - "the operation has begun the removal &
processing of stone from the quarry N of the office"
Maps
18) 1986 sketch map, included in Tulikivi's 1989 DMME permit amendment - labels the
northernmost abandoned quarry holes as lagoons
19) Exhibit #2, included in Tulikivi's 1989 DMME permit amendment — documents plan to
remove dump block from Serpentine Quarry
21 Page
Attachment B: Evidence Relevant to Determination
20)1991 DMME permit amendment map - includes only an access road and stockpile area
within the disturbed area
21)1998 DMME permit amendment map - includes only a stockpile area and detention basin
within the disturbed area
22)
Aerial photography
22)1966 — no quarry hole established on Ms. Harden's property
23)1974 — quarry hole partially established on Ms. Harden's property
24)1980 - quarry hole established on Ms. Harden's property & appears to be filled with water
3 1 P a g e
Attachment A: List of Information Reviewed
Information reviewed as part of this determination includes but is not limited to the
following:
1. Aerials - 1966, 1974, 1980, 2000, 2007, 2009, 2010, 2011, 2013
2. Onsite visit on November 15, 2013.
3. Virginia Department of Mines, Minerals and Energy (DMME) Records — permits,
inspection reports, tonnage reports and complaints. DMME office began around 1977.
a. Permits and amendments include: prior to 1986 M160 and M161; Alberene
Soapstone (M-160/05904 AA); New Alberene Stone Company (05904 AB /
05904 AC), New World Stone Company (90393 AA) and Polycor Virginia LLC
(90393 AB)
b. Inspection reports (1-10-1983 through 5-18-1987; 1997 through 2007, 9/08/09,
9/13/11 and 2/06/12);
c. Tonnage data (1997-2012)
d. Complaint #1647 dated 2-6-2012
4. Response to questions posed to Mr. Wilkins' representative, Jo Higgins:
a. Question posed via email 10/21/2013: specifically what has occurred on the
subject properties other than storage of inventory?
b. Questions posed via email 11/15/2013:
L A description of the business as it existed when zoning was adopted in
1969. What was occurring — was stone being drilled and cut from the
quarry and processed at the plant or was stockpiled stone being used at
that time? Can you give us an idea of the nature and level of activity.
ii. Because the permit involves several properties and it has changed
somewhat over time, can you please provide a history that lists properties
(tax map and parcel), company names and mine names for the mines
under permit with DMME?
ill. For the same reason, can you please provide information as to the history
of mineral rights associated with the properties under the DMME permit.
iv. Can you please provide specific and historical information (from 1969 for
every two years) as to the sale of stockpiled stone from the Serene quarry
from either the residential lots or the property behind it.
v. Can you provide affidavits from individuals who either worked in the mine
or otherwise have first-hand information as to the mining activity on the
Serene quarry properties?
c. Additional questions about gaps in information about activity posed via email
5/20/2014:
Attachment A: List of Information Reviewed
I. Explain the apparent gaps in activity at Serpentine quarry occurred
between January 1983 — April 1986 and September 2009 — February
2012.
fl. Explain how the base map submitted with the original 1986 permit and
subsequent 1990, 1991, 1997 & 1998 amendments label four of the
southernmost quarry holes at Serpentine as abandoned.
d. Additional questions posed via email 6/17/2014:
i. Can you provide tonnage reports specifically for Serene or Serpentine
mine?
ii. If not, how are the ones you provided relevant?
5. Virginia Mineral Mine Reclamation Laws and Regulations
6. Community Development Department History including: Letters Of Determination
relating to quarry activities (Higgins LOD 2012-003), SP 1990-11 Kenneth V. Carroll, VA
90-12, SUB 1990-90 Vance Wilkins and tax maps from several years.
7. Information submitted:
A. Initial yellow notebook from Vance Wilkins representative, Project Development
Limited LC: timeline, deeds, permit info; affidavits from Phillip J. McClung, Vance
Wilkins, Kierk Ashmore -Sorensen and J Mawyer; newspaper articles, tonnage
reports, inspection reports. Further information via email from Jo Higgins on
January 27, 2014, March 18, 2014, May 24, 2014, June 10, June 11 and June
18, 2014;
B. Additional info from Wilkins' rep: history of sale of stone from Serene quarry
2012;
C. By Bonnie Harden (several submittals): DMME tonnage reports 1992 through
1998; photos, affidavits;
D. By Nancy Flynn: affidavit; photos
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Attachment A: List of Information Reviewed
Information reviewed as part of this determination includes but is not limited to the
following:
1. Aerials - 1966, 1974, 1980
2. Virginia Department of Mines, Minerals and Energy (DMME) Records — permits,
inspection reports, tonnage reports and complaints. DMME office began around 1977.
a. Permits and amendments include: prior to 1986 M160 and M161; Alberene
Soapstone (M-160/05904 AA); New Alberene Stone Company (05904 AB /
05904 AC), New World Stone Company (90393 AA) and Polycor Virginia LLC
(90393 AB)
b. Inspection reports (1-10-1983 through 5-18-1987; 1997 through 2007, 9/08/09,
9/13/11 and 2/06/12);
3. Community Development Department History including: Letters of Determination
relating to quarry activities (LOD 2013-003 - Flynn & LOD 2013-008 - Harden).
Attachment B — Evidence Relevant to Determination
Resident affidavits
1) James Craig, October 17, 2013 — "have not seen or heard any mining activities in the
Quarries behind my home where I live 8705 Schuyler Va 22969 (home address). The last
time I can remember any activity was back in 70-80 (mm/year)"
DMME inspection reports
2) 1-10-83 DMME Inspection Report (Permit M-160) - notes mining site is "closed down";
operation status "inactive"
3) 10-7-83 DMME Inspection Report (Permit M-160) - inactive status; "no mining at this site in
the last couple of months"
4) 11-5-84 DMME Inspection Report (Permit M-160) - inactive status; "no change in
operations"
5) 5-16-85 DMME Inspection Report (Permit M-160) - inactive status; "still trying to find
investors to re -open the site"
6) 4-1-86 DMME Inspection Report (Permit M-160) - inactive status; "there is still no active
quarrying being done"
7) 3-2-87 DMME Inspection Report (Permit 569) - "an existing quarry ... is being cleaned up &
readied for production"
8) 5-18-87 DMME Inspection Report (Permit 569) - "the operation has begun the removal &
processing of stone from the quarry N of the office"
Maps
9) 1986 sketch map, included in Tulikivi's 1989 DMME permit amendment - labels the
northernmost abandoned quarry holes as lagoons
10) Exhibit #2, included in Tulikivi's 1989 DMME permit amendment — documents plan to
remove dump block from Serpentine Quarry
11)1991 DMME permit amendment map - includes only an access road and stockpile area
within the disturbed area
12) 1998 DMME permit amendment map - includes only a stockpile area and detention basin
within the disturbed area
Attachment B: Evidence Relevant to Determination
Aerial photography
13)1966 —quarry hole partially established on Mr. Craig's property
14)1974 — quarry hole established on Mr. Craig's property & appears to be filled with water
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— Mtge eptfB —
Attachment B — Evidence Relevant to Determination
Resident affidavits
1) James Craig, October 17, 2013 — "have not seen or heard any mining activities in the
Quarries behind my home where I live 8705 Schuyler Va 22969 (home address). The last
time I can remember any activity was back in 70-80 (mm/year)"
DMME inspection reports
2) 1-10-83 DMME Inspection Report (Permit M-160) - notes mining site is "closed down";
operation status "inactive"
3) 10-7-83 DMME Inspection Report (Permit M-160) - inactive status; "no mining at this site in
the last couple of months"
4) 11-5-84 DMME Inspection Report (Permit M-160) - inactive status; "no change in
operations"
5) 5-16-85 DMME Inspection Report (Permit M-160) - inactive status; "still trying to find
investors to re -open the site"
6) 4-1-86 DMME Inspection Report (Permit M-160) - inactive status; "there is still no active
quarrying being done"
7) 3-2-87 DMME Inspection Report (Permit 569) - "an existing quarry ... is being cleaned up &
readied for production"
8) 5-18-87 DMME Inspection Report (Permit 569) - "the operation has begun the removal &
processing of stone from the quarry N of the office"
Maps
9) 1986 sketch map, included in Tulikivi's 1989 DMME permit amendment - labels the
northernmost abandoned quarry holes as lagoons
10) Exhibit #2, included in Tulikivi's 1989 DMME permit amendment — documents plan to
remove dump block from Serpentine Quarry
11) 1991 DMME permit amendment map - includes only an access road and stockpile area
within the disturbed area
12)1998 DMME permit amendment map - includes only a stockpile area and detention basin
within the disturbed area
Attachment B: Evidence Relevant to Determination
Aerial photography
13)1966 —quarry hole partially established on Mr. Craig's property
14)1974 — quarry hole established on Mr. Craig's property & appears to be filled with water
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