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There was substantial cost to American Stone in moving the road, so the longer the time horizon the <br />better for them economically. A second factor is that it is uncertain when OWASA would need the water <br />supply. The 30 years reflected a compromise between OWASA wanting some assurance that the mining <br />activity would be done in the general time frame where it appears the water storage would be needed, <br />the mining company's economic interests, and offering the neighbors some termination of the activities. <br />Bob Epting, general counsel far OWASA, said that before any of the process started, there <br />was a lease between American Stone and the Durham's whereby the property was leased to mine until <br />2030. This lease creates a legal right for American Stone to mine until 2030. <br />Commissioner Gordon asked Elliot Cramer about the safe yield and why he thought it was <br />only two percent. Elliot Cramer said that Professor Gordon's statements about this were completely <br />incorrect. He made reference to page 63 and read, "If mining continues at the present quarry at typical <br />production levels of 650,000 tons per year, it's storage volume that is currently about .9 billion gallons <br />would be about 1.5 billion gallons at the end of ten years." He said that the .9 billion gallons did not <br />include the current quarry that OWASA has, which is .2 billion gallons. He said that within a month, the <br />current capacity could be 1.3 billion gallons. He said that the graph that OWASA produced had <br />inconsistencies. He said that in ten years at the current quarrying activities the capacity would be 2.5 <br />billion gallons. He said that no one from OWASA has shown any substantial evidence that disproves the <br />two percent safe yield. He said that OWASA's experts had not made any public statements in a year. <br />Chair Carey asked Geoffrey Gledhill to clarify the context of the mitigation measures. <br />Geoffrey Gledhill said that the land use plan decision tonight could not be conditional on <br />mitigation measures or on anything. However, it is appropriate at some point tonight to let the applicants <br />know that before the County Commissioners would consider the use of this property that the applicants <br />would have to address the issues as instructed by the County Commissioners. <br />Commissioner Halkiatis said that he and Cammissianers Jacobs and Brown visited the quarry <br />on Tuesday. The most disturbing thing he saw was that not one truck left that facility with a covered <br />load. He said that some trucks had a covering device but did not use it. He talked with Mr. Paxton <br />Badham who said that American Stone has supported legislation that loads must be covered but the <br />legislation has been opposed by the truckers. He asked Geoffrey Gledhill if the County could require that <br />American Stone put measures in place to require, encourage, ar mandate truckers to cover their loads. <br />Geoffrey Gledhill said that within the context of the Special Use Permit this could be required. <br />Commissioner Jacobs said that there are a wide variety of mitigation measures that could be <br />expanded. He said that the issue is how the mitigation measures are obtained. He said that there were <br />a lot of places in the County where people make sacrifices far the public good such as schools, widened <br />roads, airports, etc. He said that this project provides an opportunity, through the mitigation measures, to <br />return something to the community. <br />Commissioner Gordon listed several issues she would like resolved before making a decision <br />on this amendment. <br />1) An independent analysis of technical arguments that have been made, specifically in <br />regard to the safe yield. <br />2) Air quality in the area and the safety. <br />3) Road safety if the road is moved and NCDOT comments. <br />4) The two distinct rural industrial nodes and the rural buffer. <br />5) What does the Special Use Permit include? <br />Commissioner Gordon feels that there is no reason to rush the decision on this item. She <br />feels that the County Cammissianers should wait until Carrboro makes a decision. She would also like <br />for the staff to make a pro and con analysis of this request. <br />Commissioner Brown said that when the quarry began she was absolutely opposed to it, <br />especially since it was in the University Lake Watershed. She made reference to the asphalt plant and <br />said that she was glad that it was gone. She thinks this facility has an enormous impact on the <br />neighbors. She said that this operation was going to continue whether or not this amendment was <br />approved. She would like to see the neighbors receive assistance since this business will continue <br />regardless of the decision made by the County Commissioners. She commended the Planning Director <br />for working with the Attorney to find something that would only reflect the use of this property, which the <br />