Goochland County Planning Commission Meeting: 01/09/20 07:00 PM 1800 Sandy Hook Road Department: Planning & Zoning Goochland, VA 23063 Category: PC Conditional Use Permit Prepared By: Tom Coleman
ADOPTED Department Head: MinuteTraq Admin
RESOLUTION (ID # 3482)
Page 1 DISTRICT 1 - CU-2019-00021 APPLICATION BY BIG DAWG
RESOURCES LLC REQUESTING A CONDITIONAL USE PERMIT FOR MINING OPERATIONS AT 4385 SHANNON HILL ROAD ON TAX MAP
NO. 3-1-0-5-0. THE PROPERTY IS ZONED AGRICULTURAL, GENERAL (A-1) AND IS 45.84 ACRES. THE CONDITIONAL USE PERMIT IS REQUIRED BY SECTION 15-102 OF THE GOOCHLAND
COUNTY ZONING ORDINANCE. THE COMPREHENSIVE PLAN DESIGNATES THIS AREA AS RURAL ENHANCEMENT AREA.
✓ Vote Record - Resolution 3482
Approved
Recommended for Approval
Recommended for Denial
Deferred
Denied
Withdrawn
Recommended for Approval as Am
Adopted
Adopted as Amended
Defeated
Consensus of the Board
Tabled by Consensus
Approved as Amended
Send to BOS with Report of Tie Vote
Yes/Aye No/Nay Abstain Absent
John Myers Voter
Matt Brewer Voter
Tom Rockecharlie Voter
Curt Pituck Seconder
Carter Duke Mover
Strat Goal 1 Efficient, effective, and transparent government; emphasis on customer service excellence Strat Goal 2 Balanced development that contributes to the welfare of the community and preserves its rural
character
x
Strat Goal 3 Excellence in Financial Management
Strat Goal 4 High Quality Core Services including Education, Public Safety, and Community Health Strat Goal 5 Positive Work Environment with a Highly Qualified, Diverse Workforce
Commission Action Requested
The Commission is requested to hold a public hearing on this Conditional Use Permit application and forward a recommendation to the Board.
Summary of Information District 1
CU-2019-00021 Application by Big Dawg Resources LLC requesting a Conditional Use Permit (CUP) for mining operations at the old Moss Mine at 4385 Shannon Hill Road on Tax Map No. 3-1-0-5-0. A comparable CUP (CU-2014-00005) was approved in 2014.
However, the 2014 CUP expired in July 2019 without any mining activities taking place.
The property is zoned Agricultural, General (A-1) and is 45.84 acres. The Comprehensive Plan designates this area as Rural Enhancement.
Resolution Meeting of January 9, 2020 The Conditional Use Permit is required by Section 15-102 of the Goochland County Zoning Ordinance.
The applicant is proposing to mine for gold at the old Moss Mine. Old workings will be reworked and cleaned of contamination. Proposed activities are regulated by the Virginia Department of Mines, Mineral, and Energy (DMME), and DMME permitting is already under way. The reclamation process uses “soil washing” and centrifuges to separate gold and mercury from the workings (rock and soil). The reclamation process will be completed for one very small area at a time. Therefore, mining activity will not create new pits or shafts. No acids or blasting will be used. Removal of mercury will be monitored by DMME.
Resolution Meeting of January 9, 2020
Page 3
✓ Vote Record - Resolution 3482
Approved
Recommended for Approval
Recommended for Denial
Deferred
Denied
Withdrawn
Recommended for Approval as Am
Adopted
Adopted as Amended
Defeated
Consensus of the Board
Tabled by Consensus
Approved as Amended
Send to BOS with Report of Tie Vote
Yes/Aye No/Nay Abstain Absent
John Myers Voter
Matt Brewer Voter
Tom Rockecharlie Voter
Curt Pituck Seconder
Carter Duke Mover
AT A MEETING OF THE PLANNING COMMISSION OF THE COUNTY OF GOOCHLAND, VIRGINIA, HELD ON JANUARY 9, 2020, IN THE GOOCHLAND COUNTY ADMINISTRATION BUILDING, 1800 SANDY HOOK RD., SUITE 250, GOOCHLAND, VIRGINIA, THE FOLLOWING ACTION WAS TAKEN:
Resolution Recommending Approval of CU-2019-00021 - Application by Big Dawg Resources LLC requesting a Conditional Use Permit for mining operations at 4385 Shannon Hill Road on Tax Map No. 3-1-0-5-0
WHEREAS, Big Dawg Resources LLC filed an application requesting a Conditional Use Permit (CUP) for mining operations on Tax Map No. 3-1-0-5-0 located at 4385 Shannon Hill Roadin Election District 1; and
WHEREAS, the 45.84-acre subject property is zoned A-1 (Agricultural, General) and the proposed activity is permitted in the A-1 district with a CUP as set forth in County Zoning Ordinance Section 15-102; and
WHEREAS, the Comprehensive Plan designates this area as Rural Enhancement Area;
and
WHEREAS, pursuant to Virginia Code § 15.2-2204, the Goochland County Planning Commission duly advertised and held a public hearing on this request on January 9, 2020.
NOW, THEREFORE, BE IT RESOLVED, this 9th day of January 2020, that, pursuant to Section 15-60 of the County Zoning Ordinance, the Planning Commission makes the following findings regarding this Conditional Use Permit (CUP) application:
1. The Commission is empowered pursuant to Section 15-60 of the County Zoning Ordinance to make recommendations to the Board of Supervisors regarding this CUP application and it finds that the granting of CUP will not adversely affect the public interest.
2. The granting of the CUP is a matter of public necessity, convenience, general welfare, or good zoning practice.
Resolution Meeting of January 9, 2020 3. In making a recommendation to the Board of Supervisors on this CUP application, the Commission has considered each of the guidelines provided in Section 15-60.B of the Goochland County Zoning Ordinance.
BE IT FURTHER RESOLVED, that the Goochland County Planning Commission does hereby recommend that the Goochland County Board of Supervisors grant the Conditional Use Permit (CUP) requested for mining operations on Tax Map No. 3-1-0-5-0 located at 4385 Shannon Hill Road in Election District 1, subject to the following conditions:
1. Use. Mining is permitted on the Property subject to these conditions.
2. Plan of development (POD). The CUP Activity shall not begin until a POD is approved.
3. State and Federal Regulations. The applicant shall comply with all State and Federal regulations regarding mining operations including but not limited to the following:
a. No Offsite Materials. Disposal of off-site generated waste materials is not allowed.
b. No Toxic Chemicals, Hazardous Substances, or Acids. No toxic chemicals, hazardous substances, or acids shall be used in the mining operation.
c. No Trash/Debris. No trash or debris is allowed to accumulate on-site.
d. Marking of Permit Boundaries: The permitted mining boundary must be clearly marked with identifiable markings when mine-related disturbing activities are within 100 feet of the property boundary.
e. Access Road(s). The Virginia Department of Transportation shall approve the access road entrance. The access road must be constructed and maintained in a manner satisfactory to both Goochland Fire-Rescue and the Community Development Department. The access road must be properly maintained to ensure that mud and debris are not tracked onto public roads.
f. Drainage. No impact to natural drainage ways is allowed unless approved by the Virginia Department of Mines, Minerals, and Energy and/or the Virginia Department of Environmental Quality. All intermittent or perennial streams must be protected from spoil by natural or constructed barriers. A 50-foot buffer zone of undisturbed vegetation or undisturbed forest must be provided and maintained on both sides of all streams in the mining area. Buffer zones must be maintained in addition to proper sediment control.
g. Topsoil Storage and Drainage Control: Prior to any land disturbing activity, temporary sediment control measures must be properly installed where necessary around the disturbance perimeter. Topsoil and overburden must be removed and stockpiled or used to create diversion berms around the site perimeter. Any constructed berms must be no higher than five feet above the natural ground elevation. Berms cannot be constructed within twenty-five feet of adjacent property boundaries without written permission from the adjoining property owner. As areas are completed, the berms will be utilized to obtain final grade and promote vegetative cover. Mining must be conducted in such a way as to direct all surface runoff into a retention pond. All stormwater drainage within the disturbed area will be diverted into the retention pond.
h. Screening: Mining activity must be screened by one or a combination of the following:
i. 100 feet of undisturbed forest within the permit boundary, ii. use of natural topography,
Resolution Meeting of January 9, 2020
Page 5 iv. tree plantings.
i. Closure of Roads, Openings, and Pits: Upon cessation of mining operations, the operator must effectively close or fence all roads, openings, and pits where hazardous conditions exist.
j. Groundwater Protection Plan. In addition to State and Federal requirements, the applicant must include in a groundwater management plan additional information to address the potential for acid mine drainage (due to sulfurous deposits) and possible mercury, cyanide, or other similar containments from previous mining operations. If such issues exist, a mitigation plan is required.
4. Permits. Prior to initiating any mining activity, the applicant must submit a copy of State and Federal permits to the Community Development Department.
5. Setback from Residence. Prior to any mining activity, the 1,000-foot buffer area (Goochland County Zoning Ordinance Section 15-283) from the closest residence must be surveyed and clearly delineated in a manner approved by the Zoning Administrator and said buffer must be maintained throughout the mining operation.
6. Marking of Property Boundary. The eastern boundary (adjacent to Parcel 3-1-0-4-0) and southern boundary (adjacent to Parcel 3-1-0-6-0) must be clearly demarcated in a manner approved by the Zoning Administrator and maintained throughout the mining operation.
7. No Blasting. There will be no blasting on site.
8. Hours of Operation. Mining is allowed Monday through Saturday 7:00 a.m. to 7:00 p.m. No mining is allowed on Sunday.
9. Expiration. The CUP expires February 28, 2024. Any renewal application should be filed prior to the expiration date.
10. Transfer or lease. Prior to the transfer or long-term lease of the Property, the property owner(s) shall notify, in writing, (a) the Department of Community Development of the planned transfer or lease, and also (b) the new owner or lessee of this CUP and its conditions, with a copy to the Community Development Department.
A COPY TESTE:
