April 10, 2012
The Board of Appeals held its regularly scheduled meeting on Tuesday, April 10, 2012 at 7:00 p.m. in the Commissioners Meeting Room of the Charles County Government Building, La Plata, Maryland.
The following were present:
Luke Hannah, Vice Chairman
Jean Schappet, Member
Natalie McKinney, Member
Brendan Moon, Member
Cindy Terry, Alternate
Amanda Hill, Assistant County Attorney
Karen Wiggen, Planning
Carrol Everett, Clerk
Prior to commencement of the public hearing, the Board of Appeals Members met for an open executive work session in the Law Library Conference Room, County Government Building. The purpose of the work session was for staff review of the agenda for the public hearing and to organize and review case files and exhibits.
The Vice Chairman called the meeting to order at 7:01 p.m. and stated there was a quorum. The Chairman was absent.
The Vice Chairman announced the process by which all Board of Appeals hearings are to be conducted.
7:03 PM, Public Hearing: Docket #1274 – Great Mills Construction Company, for a Special Exception for surface mining more than 10 acres, as provided in Article XIII, Section 297-212 and Article XXV, Section 297-415 of the Charles County Zoning Ordinance.
Ms. Hill stated there was substantial compliance with the notification requirements.
Karen Wiggen, Planning Staff, summarized the Special Exception request using a location map, zoning map and aerial photo for visuals as follows:
•The site is located off of Iron Mine Place, which connects Ryceville Road in Charles County to Route 236 in St. Mary’s County.
•The property consists of two parcels: 1) Tax Map 66, Grid 23, Parcel 98, 48.63 acres owned by Edward & Ida Swecker and 2) Tax Map 75, Grid 4, Parcel 3, 87.42 acres owned by Henry & Mary Stoltzfus.
•The property is zoned Agricultural Conservation (AC) with a Resource Protection Zone (RPZ) Overlay.
•The property is accessed from St. Mary’s County (haul route) into Charles County.
•Approximately 13 acres are proposed to be mined.
•The Applicant requests mining for a period of five years.
The Vice Chairman swore in the Applicant:
45248 Abell Dr.
Mr. Trautman began testimony. He has no objections to the Staff Report. He stated that this was not his first mining operation in either St. Mary’s or Charles County. He noted that safety and environmental safety are most important. There will be no wash plant on site.
The Vice Chairman asked how many truckloads will be hauled. The Applicant replied 50-60 truckloads a day.
Ms. Schappet asked for the location of the nearby Amish school.
The Vice Chairman swore in the following witness for the Applicant:
Park Hall, MD 20667
The witness works with the Applicant. He stated there are no children walking to school near this mining operation.
Mr. Moon asked what the buffer zone requirements were for the “ephemeral, intermittent and perennial” stream channels. The Applicant addressed his question.
Mr. Moon asked for clarification as to the width of the entire length of the haul road. Mr. Trautman replied that the minimum width requirement in St. Mary’s is 18 ft. and in Charles County the road will be widened to 20 ft. for compliance.
Mr. Moon asked what is the reclamation plan after the mining is complete. Mr. Trautman replied it would be reclaimed as farm fields.
Ms. Terry asked if Saturday hours of operation from 7:00 a.m. until 12 noon would present a hardship. Mr. Trautman replied that would not be a problem.
Actions by the Board
A MOTION was made by Ms. Schappet, seconded by Ms. McKinney, to approve Docket #1274 with a modification to the hours of operation as follows: Monday to Friday: 7:00 a.m. - 4:00 p.m. and Saturday: 7:00 a.m. -12 noon. With all voting in favor, the MOTION passed.
A MOTION was made by Ms. Schappet, seconded by Ms. McKinney, to approve the Minutes for January 24, 2012, February 14, 2012 and February 28, 2012. With all voting in favor, the MOTION passed.
Decision & Orders were signed for Docket #1194 and #1200.
The meeting adjourned at 7:30 p.m.