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RES-2001-037 Resolution to Approve for Special Use Permit, Class A for Planned Development of American Stone Company and Orange Water and Sewer Authority
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RES-2001-037 Resolution to Approve for Special Use Permit, Class A for Planned Development of American Stone Company and Orange Water and Sewer Authority
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Last modified
10/30/2012 12:59:36 PM
Creation date
6/5/2012 10:37:38 AM
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BOCC
Date
4/3/2001
Meeting Type
Regular Meeting
Document Type
Resolution
Agenda Item
9b
Document Relationships
Agenda - 04-03-2001-9b
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\Board of County Commissioners\BOCC Agendas\2000's\2001\Agenda - 04-03-2001
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V <br />68 <br />(ii) That overburden and spoil piles have been completely graded and sloped to <br />prevent slippage and erosion. <br />(iii) That the slopes are stabilized and seeded to Orange County standards. <br />(iv) That the site be adequately prepared for conversion to a reservoir <br />10. The applicants will notify Orange County in writing of the expected final date of operations. <br />Orange County will not release the rehabilitation bond until operations have ceased and all <br />areas that have been disturbed, graded, sloped, etc. have been stabilized to Orange County <br />standards. <br />11. A rehabilitation bond guarantee shall be posted with Orange County in a form <br />acceptable to the County Attorney in an amount equal to the cost of rehabilitation as <br />certified by a registered engineer employed by American Stone Company, less the amount <br />required by the State of North Carolina pursuant to the North Carolina Mining Act. <br />12. No blasting or stone processing east of the current location of SR 1104 shall take place <br />within 500' of any property line of property not owned or leased by OWASA or American <br />Stone Company. <br />13. All quarrying operations shall cease no later than December 31, 2030 at 12:00 noon. <br />14. Orange County will establish and administer: <br />(a) a No Fault Well Repair Fund ( NFWRF) from which funds will be made available to <br />residents within 3,000 feet of the perimeter of the quarry to repair or replace residential <br />wells that fail for any reason other than as the probable result of American Stone <br />Company's quarry operations. American Stone Company on its own will be responsible <br />for the cost of repairing or replacing wells that fail as the probable result of its quarry <br />operations, and such repairs or replacement will not be paid for from the NFWRF. For <br />purposes of this paragraph, a well failure is. a "probable. result" of quarry operations if a <br />qualified expert determines that quarry operations are the most likely cause of the failure. <br />American Stone Company will deposit $87,500.00 into the NFWRF upon the issuance of <br />this permit and for so long as it continues to mine on the permitted property, will add up <br />to $20,000.00 annually to the fund if Orange County determines that additional funds are <br />necessary to provide for repairs of wells that fail for any reason other than as the probable <br />result of American Stone's quarry operations. Residents within 3,000 feet of the <br />perimeter of the quarry may file for well reparations until December 31, 2033 or until <br />three years after termination of extraction operations on the property whichever first <br />occurs. If there are any funds remaining in the NFWRF three years after the termination <br />of extraction operations or December 31, 2033, whichever first occurs, the NFWRF will <br />be terminated by Orange County and the money remaining in the NFWRF will be <br />transferred into the County's general fund. <br />(b) another fund which will be used primarily as another source of funding to provide no <br />fault well repairs. Orange County may also use this fund to pay for community health, <br />safety and welfare purposes, related to quarry operations and impacts, determined to be <br />appropriate by the Orange County Board of Commissioners in consultation with the <br />Board of Directors of OWASA. Community health, safety and welfare purposes for <br />Isg: orang ecounty \SpecialUsePermitResolution 42 (geg revisions 4- 10 -01) <br />
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