Minutes - 04-03-2001 - Laserfiche WebLink

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37" east 60.00 feet to an iron stake on the right of way of State Road 1104 (Bethel Church Raad); then south 26 degrees 38' 37" east 713.31 feet to a stake; thence south 42 degrees 18' 00" west 88.68 feet to a stake; thence south 44 degrees 48' 25" west 198.00 feet to a stake; running then south 63 degrees 48' 25" west 158.40 feet to a stake; thence south 26 degrees 24' 26" east 259.43 feet to an iron stake; thence south 27 degrees 12' S6" east 196.06 feet to an iron stake; thence south 05 degrees 49' 26" east 175.93 feet to an iron stake; thence south 07 degrees 48' 26" east 159.15 feet to an iron stake; thence south 21 degrees 15' 34" west 147.32 feet to an iron stake; thence south 15 degrees 20' 26" east 113.25 feet to an iron stake; thence south 17 degrees 54' 34" west 188.17 feet to an iron stake; thence south 47 degrees 50' 34" west 276.68 feet to an iron stake; thence south 17 degrees 10' 34" west 82.02 feet to an iron stake in the northern right of way of NC Highway 54; thence along and with the northern right of way of NC Highway 54 north 82 degrees 08' 11"west 1420.00 feet to an iron stake thence north 05 degrees 34' 32" west 326.67 feet to an iron stake; thence north 81 degrees 00' 26"west 733.91 feet to the northern right of way of State Road 1104 (Bethel Church Road); thence south 50 degrees 59' 46" west 446.71 feet to a concrete monument, being the point and place of BEGINNING, and being approximately 183.8 acres according to computer calculations. The ordinance shall became effective upon approval. The foregoing ordinance having been submitted to a vote received the following vote and was duly adopted this 3rd day of April 2001. VOTE: AYES, 4; NO, 1 {Commissioner Gordon} Geoffrey Gledhill made reference to the second recommendation of the administration and said that the resolution on page 66 incorporates the recommended changes. Commissioner Brown made reference to the conservation easement and the entity to hold the conservation and Geoffrey Gledhill said that it is written so that it enables Orange County to name a grantee even after the permit is approved. Commissioner Brown asked if the Board could direct the staff to move forward on this condition of approval. She would like to know the possible entities that might accept the conservation easement. Commissioner Jacobs agreed and said that, to some extent, the attorney has addressed this with the language. He had suggested that the neighborhood association be the grantee to the conservation easement. Also, he was going to recommend that conditions #36 and #37 provide that American Stone will sponsor an annual Neighbor Day and that OWASA shall provide a special forum for citizens who live in the area of the quarry to speak with the OWASA Board of Directors about their concerns. He thinks that both of those conditions would make it more effective for the residents to establish some kind of non-profit entity and to become a party to the conservation easement. Commissioner Jacobs also made reference to condition #14 and the no fault well repair fund. He suggested that condition #14 be altered. Toward the end of the paragraph, he suggested striking, "In any year in which there are still insufficient funds in the NFWRF to cover the cost of NFWRF well repairs after American Stone Company's contribution." The sentence will read, "OWASA will contribute an additional $15,000 annually to the fund." He also added a sentence at the end as follows: "OWASA's annual contribution will be used as deemed appropriate by the Orange County Board of Commissioners to address public health, safety, and welfare concerns relevant to the affected community." He said that if the Board of County Commissioners and the community decided it was of mutual best interest to work with an organization of the citizens in that area, they would have the opportunity to work with these funds to address what might be considered concerns that went beyond houses which were built in 1978, beyond houses that were 3,000 feet from the quarry, and beyond houses that could prove that their foundations had been affected. Commissioner Gordon asked about the status of condition #14 and how it should read. Geoffrey Gledhill said that besides the language about the OWASA fund from Commissioner Jacobs, he proposes a change in the sentence that begins, "Residents within 3,000 feet," as follows: "Residents within 3,000 feet of the radius of the property encumbered by this permit may file far well reparations until December 31, 2033 or until three years after termination of extraction operations, whichever first occurs." Also, the