Rezoning request on Cedar Creek Battlefield

[Slouch]

Friends,

O-N Minerals is seeking a rezoning approval to expand their existing quarry operations. The 639 acre parcel adjoins Belle Grove Plantation and the preserved portions of the Cedar Creek Battlefield. The site includes an area described as the core of the battlefield in the 1992 NPS Study of Civil War Sites in the Shenandoah Valley. A public hearing is being held on April 23, 2008 in Winchester, VA. Please go to

http://www.shenandoahvalleynetwork.org/PreserveFrederick.html

for more details, and come to the meeting to show your support for battlefield preservation.

[Dignann]

It appears that the board chose to table any decision, for now. I have heard that there were very few battlefield folks at the meeting. Even more startling was the report that a representative from the Cedar Creek Battlefield Foundation spoke in favor of the rezoning. If this rezoning happens, 639 acres adjacent to what has been preserved will be stripped and quarried. Sixty percent of that acreage is within the core battlefield area, according to the Civil War Sites Advisory Commission Report. I'm curious why the CCBF would endorse and embrace this threat to everything they have spent years trying to preserve? What is the pay off?


Frederick board postpones vote on quarry plan

Supervisors want further study

By Robert Igoe

The Winchester Star [Winchester, Va.]
April 24, 2008

Winchester — Nearly two years after one Frederick County board recommended the denial of a request to expand a local quarry, another board is still grappling with the proposal.

At its regular meeting on Wednesday, the Board of Supervisors held a public hearing on a request by O-N Minerals Chemstone, a subsidiary of Carmeuse Lime & Stone based in Belgium, to rezone 639 acres to the north and south of its current quarry operations west of Middletown from Rural Areas to Extractive Manufacturing.

After four hours of comments from citizens and company representatives, the supervisors decided to table a vote on the request until their May 28 meeting.

"I believe the devil is in the details," said Supervisor Gary Lofton when the board called for a vote at 11:30 p.m. "I do not think that I am comfortable that the applicant has provided all of the information we need. They are trying, but they’re not there yet. In order to make an informed decision, I want to see the rest of this information."

O-N Minerals Chemstone is seeking the rezoning so it can mine some seams of high-grade limestone on property that it owns.

The county Planning Commission recommended denial of the rezoning request following a public hearing on June 7, 2006, during which 57 people spoke for and against the plan.

Chemstone says the mining operations will be conducted with no ill effects on nearby residents or historic properties, including the Cedar Creek Battlefield, the Belle Grove Plantation, and two family cemeteries.

One of the plan’s chief opponents is Preserve Frederick, a citizens’ group that believes no amount of safeguards can guarantee the protection of the historic properties or local water supplies.

Deputy Planning Director Michael Ruddy told the supervisors that he reviewed the company’s latest proffer statement, submitted on Friday, and said that while the proposal attempts to address issues regarding transportation, historic areas, noise, dust, water supplies, and other concerns, the statement is still incomplete and lacks enough specifics on how these issues would be mitigated.

"We want to make sure these impacts are analyzed before this can be approved," Ruddy said. "The board must examine these mitigation efforts."

In their presentation, Chemstone officials attempted to clarify the issues.

General Manager Spencer Stinson said just 13 percent of the rezoned property will be used for actual mining, and that the mining will be conducted in three phases.

The first phase will focus on the southern portion of the property, with operations in the northern end to begin in two additional phases beginning no earlier than 10 and 20 years later for properties north and south of Chapel Road, respectively.

Once the mining is finished, Stinson said, the pits will create five lakes and reservoirs that will be used for public water supplies and wildlife habitats.

The Frederick County Sanitation Authority already uses water from existing quarry pits, and Stinson said that procedure supplies 30 percent of the county’s water and saves the county $1 million in water-purchasing costs.

Stinson also said Chemstone provides 28 jobs that will be preserved with the rezoning near Middletown.

The local company also operates mining facilities in Strasburg and Clear Brook, and has 210 people working at its three facilities. These employees earn a payroll of $10 million annually, Stinson said.

In the latest proffer statement, he said, the company agreed to limit its vehicle traffic to 200 truckloads per day, averaged over 30 days, and to limit access to the facility to its current entrance on McCune Road.

Stinson also said the county government would have immediate access to company records to verify compliance with the traffic limits.

Among other proffers, Stinson said Chemstone has promised to provide:

* Three groundwater monitoring wells.

* Earthen berms around active quarry pits, which would be 10 to 30 feet in height and be covered with decorative vegetation.

* Assurances that the rezoned property would be used for mining operations only.

* Creation of an 8-acre historic preserve.

* An architectural survey of all properties in the rezoned areas prior to any mining operations.

* Preservation and maintenance of the historic Nisewander and Tabler family cemeteries on the property.

Of the 400 residents who attended the public hearing, 60 signed up to speak.

Several of the speakers were Chemstone employees and their families, who praised Chemstone as a responsible and generous employer.

"Chemstone is a good neighbor and a good friend," said Kermit Orndorff. "When I wanted to build a home for my family, they gave me stone. Two of my children were awarded scholarships through Chemstone. When I was a Girl Scout leader, they opened their hearts and sponsored a trip for us. They donated stone for a parking lot at the church where I worship. I’m one of many people they helped."

Mary Rutherford, a truck driver from Berryville, said the company is an important employer.

"We need to keep these quarries open," she said. "This company puts food on a lot of people’s tables — not just employees, but companies that work with them. What will people do when stone isn’t available to build their homes?"

Among those who opposed the request was Millbrook High School junior Calvin Hunt.

"Frederick County is a great place to live," he said. "I want to live here and raise a family. But I want to live in a place that protects its natural and historic resources. These resources would be destroyed before my children would be able to enjoy them."

Richard Dye, who owns property adjoining the rezoning area, worries how the operations would hurt his future plans.

"I hope to build my retirement home on this property, and sell 5-acre lots to other people who have the same dream," he said. "This proposal means that those houses can’t be built."

Two supervisors, Philip Lemieux and Bill M. Ewing, opposed tabling the rezoning request.

Lemieux said that after waiting two years to take action, and enduring a four-hour public hearing, the residents deserved a final decision.

"There are enough flaws in this proffer statement," he said. "I’d rather see this denied, but able to come back within a year."

"These people have waited two years for an answer," Lofton said. "To put it off another year or so isn’t right."

Attending the meeting in the Frederick County Office Complex were Lofton, Lemieux, Ewing, Richard C. Shickle Sr., Gene E. Fisher, Gary W. Dove, and Charles S. DeHaven Jr.

http://www.winchesterstar.com/article_details.php?ArticleID=6253

Eric

[Slouch]

Re: Rezoning request on Cedar Creek Battlefield

According to a friend that attended the meeting, the applicant brought in a bus load of quarry workers. Several of them tried to tell my friend (after he told them he is against the quarry expansion) that he couldnt go inside the building.

[Dignann]

Re: Rezoning request on Cedar Creek Battlefield

Chemstone, opponents seek quarry expansion solutions

By Robert Igoe

The Winchester Star [Winchester, Va.]
April 25, 2008

Winchester — Both sides in a battle over expanded quarry operations in Middletown hope a delay in a decision about rezoning 639 acres of property will result in an acceptable compromise.

The Frederick County Board of Supervisors voted to table a decision to rezone the property, located to the north and south of O-N Minerals Chemstone’s limestone mine near Middletown, from Rural Areas to Extractive Manufacturing because it felt the company had not provided enough information on issues such as traffic impacts, protection of historic resources, and environmental concerns.

The vote on the rezoning request is now scheduled to take place at the board’s meeting on May 28.

Supporters and opponents have been awaiting the supervisors’ decision since June 2006, when the Frederick County Planning Commission voted to recommend denial of the request.

One day after Wednesday’s four-hour public hearing on the rezoning request, during which 60 people addressed the Board of Supervisors to protest or defend the planned mining expansion, Chemstone General Manager Spencer Stinson discussed what comes next for his company.

Stinson said the rezoning is needed to allow Chemstone to extract high-grade limestone from a recently discovered vein under its property, and is important to preserving the 28 jobs at the Middletown facility.

"We have 30 days to discuss the request with county staff and officials," he said. "We want to try to work out the issues that remain."

At the vanguard of the opposition is the grass-roots organization Preserve Frederick, which feels that mining the 481 acres north of Chemstone’s current operations would threaten historic properties including the Belle Grove Plantation, Cedar Creek Battlefield, and two historic family cemeteries.

Organization President Wendy Hamilton said on Thursday that the group is not opposed to the proposed mining expansion, just the scale of it, particularly to the north of Chemstone’s current operations.

"We were disappointed that there was no decision reached on Wednesday," she said. "But this does give the company the opportunity to go back and do something serious about the issues that have been brought up constantly. The size of this operation is unreasonable and needs to be scaled back."

Hamilton said Preserve Frederick does not oppose mining of the 158 acres south of the current mine over a 10-year period.

Stinson would not identify any particular issue as being the top priority that needs to be addressed before next month’s board vote, but agreed that "a few" matters need to be resolved.

"We’ve had a positive attitude throughout these proceedings," he said. "By discussion and compromise, we can always come to a decision that will work and be fair for all sides involved."

http://www.winchesterstar.com/article_details.php?ArticleID=6274

Eric

[Busterbuttonboy]

Re: Rezoning request on Cedar Creek Battlefield

This is a recent communication I've had with Suzanne Chilson.

Drew:
There was a misunderstanding on the part of some people at the Board of Supervisors meeting last month. Our board member did not say we endorsed the quarry's rezoning application. Through negotiations with the quarry, a compromise was reached between the two parties which resolved many of the Foundation’s issues concerning the preservation of historical resources, viewshed protection, archeological studies, artifact recovery and disposition, as well as land donation. This agreement is separate and independentfrom the current proffers and/or rezoning application, and any future rezoning action pursued by the mining company. In other words, whether the rezoning application is approved or not by the Board of Supervisors, the Foundation has a written agreement guaranteeing the preservation of the historic resources located on the quarry property. If you have other questions or concerns, please contact me at the number listed below.
Thanks for your interest & hope to see you in October.
Sincerely,
Suzanne Chilson
Executive Director
Cedar Creek Battlefield Foundation
P.O. Box 229
Middletown, VA 22645
540-869-2064

[Dignann]

Re: Rezoning request on Cedar Creek Battlefield

Through negotiations with the quarry, a compromise was reached between the two parties which resolved many of the Foundation’s issues concerning the preservation of historical resources, viewshed protection, archeological studies, artifact recovery and disposition, as well as land donation. This agreement is separate and independentfrom the current proffers and/or rezoning application, and any future rezoning action pursued by the mining company. In other words, whether the rezoning application is approved or not by the Board of Supervisors, the Foundation has a written agreement guaranteeing the preservation of the historic resources located on the quarry property.

Thanks for posting this, Drew. I'll be interested to see how much acreage is in the land donation part of this agreement.

Eric

[Busterbuttonboy]

Re: Rezoning request on Cedar Creek Battlefield

Awaiting a responce on that, and if someone from the foundation was actualy there to speak against the rezoning. I will keep everyone posted.
Drew

[Dignann]

Re: Rezoning request on Cedar Creek Battlefield

Supervisors to decide on quarry expansion

Frederick board eyes Chemstone rezoning

By Robert Igoe

The Winchester Star [Winchester, Va.]
May 28, 2008


Winchester — The talking has ended, and now it is time for the Frederick County Board of Supervisors to decide whether a quarry will be allowed to expand its operations.

The supervisors will meet at 7:15 p.m. today in the Frederick County Office Complex to discuss a request from O-N Minerals Chemstone to rezone 394 acres to the north and south of its limestone mine near Middletown from Rural Areas to Extractive Manufacturing.

The change would allow the company to extract high-grade limestone from property it owns adjacent to its current limestone mining operation.

The supervisors held a public hearing on the issue in April, but postponed a vote on the request to allow Chemstone time to provide more details about transportation impacts, historic resource protection, and environmental concerns.

More than 60 residents attended the hearing to weigh in on the issue.

Supporters say the expansion is needed for the business to remain competitive and to prevent the loss of jobs from the quarry, which employs 28 people.

Detractors fear that expanded operations would threaten nearby historic properties, which include the Belle Grove Plantation, Cedar Creek Battlefield, and family cemeteries.

Opponents also say the company has not shown enough willingness to develop a plan that would expand mining operations in a manner that would not damage the historic properties.

"Rezoning would allow for the radical expansion of the quarry," said Robert Nieweg, director and regional attorney for the National Trust for Historic Preservation’s Southern Field Office. "We’ve looked at what the quarry intends to do to protect our property, and we have every reason to believe it will be a disaster.

"We’re looking for an opportunity to work with the quarry’s owner to accommodate growth of the quarry without destroying historic resources," he said.

According to Nieweg, whose organization owns the Belle Grove Plantation, the expansion proposed by Chemstone would place blasting operations within 1,300 feet of Belle Grove’s historic manor house.

He said promises by Chemstone to repair any property damage caused by its operations miss the point of his organization’s concern.

"Our goal is for the quarry to act in a way that it does not damage our property," Nieweg said. "If historic property is harmed, there’s often no way to repair it."

He said concerns raised by the National Trust and other nonprofit groups have not been adequately addressed by Chemstone. One example they offer is Chemstone’s offer to build 30-foot berms around the expanded quarry to shield the mining operations from view.

Nieweg said his attempts to suggest an alternate shielding plan have been met with a "cookie-cutter" response from the company, which then reiterated its original proposal.

Chemstone General Manager Spencer Stinson said the company has presented many opportunities for dialogue with opposition groups in the past two years, and those opportunities have been wasted.

"We’ve met with many different people about this rezoning," he said. "And we’ve invited many more groups, and they have not met with us at all."

Nieweg has offered to hire an independent facilitator to mediate a compromise between Chemstone and the opposition groups, which include the National Trust, the National Park Service, Belle Grove Inc., the Shenandoah Valley Battlefields Foundation, Preserve Frederick, the National Parks Conservation Association, and the Civil War Preservation Trust.

Stinson said he has never been presented with a compromise offer from the detractors, and only Preserve Frederick has had any direct talks with Chemstone.

"There is no need for a facilitator," he said. "If they want to talk about this, they need to call us. I find it odd that there is a call for a facilitator from people who never called us."

Stinson said Chemstone’s latest offer — the one that will be considered tonight by the Board of Supervisors — offers many compromises, including a reduction of rezoned acreage from the originally requested 639 acres to 394 acres; a reduction in traffic limits from 200 trucks per day to 86 trucks per day, with emergency provisions for increased traffic; and the donation of 8 acres as a historic preserve within 60 days of the rezoning’s approval, rather than 12 months.

"We did this in the spirit of trying to accommodate people who had concerns," he said. "We got together as a company and reduced this acreage as far as we could."

http://www.winchesterstar.com/article_details.php?ArticleID=6998

Eric

[Busterbuttonboy]

Re: Rezoning request on Cedar Creek Battlefield

Well I called and told them how I felt.

540-665-5600 - Board of Supervisors Main Phone

Mr. Lofton- Member of the BOS
540-869-1972

Drew A. Gruber

[Dignann]

Re: Rezoning request on Cedar Creek Battlefield

Too bad, too bad. Where was the Cedar Creek Battlefield Foundation? I hope it's a sizeable piece of land that they receive.


Board backs quarry’s plan for expansion

By Robert Igoe

The Winchester Star [Winchester, Va.]
May 29, 2008

Winchester — Cheers and tears filled the Frederick County Office Complex on Wednesday as county officials gave their blessing to the expansion of a local quarry.

In a 4-3 vote, the Board of Supervisors approved a request from O-N Minerals Chemstone to rezone 394 acres to the north and south of its Middletown quarry from Rural Areas to Extractive Manufacturing.

The new zoning will allow the company to mine high-grade limestone from property that it owns.

The vote came 30 days after an emotional public hearing that featured nearly 60 residents offering views about the request.

Following the lengthy hearing, the supervisors voted to table a decision on the request so Chemstone could make changes in its proffer statements to better address traffic, environmental, and quality-of-life issues.

Wednesday’s meeting was just as packed as last month’s session. Though no public hearing was held, several residents used the public comment period to address the rezoning issue.

"I resent the fact that you are telling us that we will enjoy being 1,200 feet from a quarry," said Gary Nichols. "What if you’re wrong? I don’t want the burden placed on us. It should be placed on the applicant to prove this is the right thing to do. If they cannot do that, this should not be rezoned."

The opposition came chiefly from organizations such as Preserve Frederick, Belle Grove Inc., and the National Trust for Historic Preservation, which fear the expansion will threaten nearby historic properties such as the Cedar Creek Civil War battlefield and the Belle Grove Plantation, both south of Middletown.

On the other side of the issue were Chemstone’s employees and partner vendors, who said the rezoning was needed to preserve the 28 jobs at the quarry. They also argued that the expansion would not have negative effects on the community.

"I think this is a good and prudent use of land," said Dave Kollar, president and founder of DK Industrial Services Corp. "Chemstone will be a good neighbor. One thing that we do not need is more housing developments that will put an even greater burden on our roads, schools, and services. And what else can that property be used for?"

During a presentation to the supervisors, Chemstone attorney Todd Lawson and General Manager Spencer Stinson said that in response to issues raised by the county’s legal advisers and Planning Department, the company agreed to reduce the rezoning area from 639 acres to 394 acres, eliminating 245 acres along the perimeter of the property.

The company also addressed concerns over traffic impacts by agreeing to a limit of 86 truck trips per day, with an allowance for up to 200 trucks in emergency cases — which Lawson said would equate to unforeseen circumstances such as an inability to get stone taken from the quarry by rail.

"If we’re resorting to these many trucks, that would be an economic hardship for us," he said.

Stinson said the company’s trucks must follow a specific route to avoid causing traffic problems in Middletown, and that drivers who violate the route would be barred from the facility.

Lawson also said mining in the rezoned areas north of the quarry and south of Chapel Road would begin no earlier than 10 years from now, and the remainder of the property would be mined no sooner than 20 years from now.

The motion to approve the request was made by Supervisor Gary Lofton, who said he spent the previous 30 days reviewing comments made at the public hearing and doing his own research into the rezoning’s potential effects on the community.

"I looked at other quarries and talked to people who live around them," he said. "The majority of the people I spoke to did not have issues with trucks, noise, or dust. And, in my studies, I found no decrease in property values related to a quarry."

Voting in favor with Lofton were Chairman Richard C. Shickle Sr., Gene E. Fisher, and Gary W. Dove. Supervisors Philip Lemieux, Charles S. DeHaven Jr., and Bill M. Ewing voted against the request.

Lofton also expressed his disappointment that many opposition groups did not take advantage of opportunities to talke directly with Chemstone about their concerns.

"Some of these issues [the groups] have were not addressed," he said. "But that’s not because the quarry did not want to listen to them, but because these groups did not want to talk to the quarry face-to-face, and that disappointed me."

Preserve Frederick President Wendy Hamilton issued a statement reflecting her disappointment in the decision.

"This defeat for the preservation stakeholders and the local community doesn’t just affect Middletown and southern Frederick County," she said. "It is a loss of irreplaceable Civil War history for the nation."

http://www.winchesterstar.com/article_details.php?ArticleID=7023

Eric

[Emmanuel Dabney]

Re: Rezoning request on Cedar Creek Battlefield

Well, unfortunately I predicted this would happen. One day the quarry will be done and then Middletown will just have one big ugly eyesore. May be 10 years, may be 20, might be 40 but one day it'll just be there staring over at the saved land.

I'd be curious to see just how much of a preservation buffer zone they have allotted.

[Busterbuttonboy]

Re: Rezoning request on Cedar Creek Battlefield

Folks

"Through negotiations with the quarry, a compromise was reached between the two parties which resolved many of the Foundation’s issues concerning the preservation of historical resources, viewshed protection, archeological studies, artifact recovery and disposition, as well as land donation." -

I have inquired to know, why the Park Service wasn't included in these dealings. I have also inquired what the deal was and if she could note any time when CCBF board members spoke against the rezoning. Ill report back once i hear more.

Drew

[Slouch]

Re: Rezoning request on Cedar Creek Battlefield

word on the street is the the CCBF negotiated in secret with the quarry, and only got 4+/- acres out of the deal. This info came to me before last nights hearing.

[Dignann]

Re: Rezoning request on Cedar Creek Battlefield

word on the street is the the CCBF negotiated in secret with the quarry, and only got 4+/- acres out of the deal. This info came to me before last nights hearing.

That's what I'm hearing as well, Mike. If the CCBF negotiated a deal with the quarry, without involving the other interested preservation groups, than they effectively undercut a potentially larger compromise. Division within the ranks of the preservation community almost never has positive results.

The land that will now be quarried is where Custer and his cavalry slammed into the Confederate left flank during the final climax of the battle. Union cavalry against Confederate infantry left the ground bloody. 4+/- acres, some vegetative screening, and the retrieval of artifacts, if that was the deal, will do little to mitigate the loss of that part of the battlefield. Someone dropped the ball. What a shame.

Eric

[Busterbuttonboy]

Re: Rezoning request on Cedar Creek Battlefield

Folks
Its no secret. Look at my two above posts. She said that they had delt with the company. Negating the Park Service, and obviously not paying attention to the pleas of the National Trust, SVBF and the American Battlefields Protection Program. Again, Once she responds to my inquires as posted above, Ill let everyone here know.
Drew