HomeMy WebLinkAboutFindings of Fact for Kentucky
I
I
I
I
]
........].
. .
.....
, )
J
]
')
,..
..]..
. ..
3
.J
J
Ih
.,
J
J
I
.'
INDUSTRIAL FOUR (1-4)
SECTIONS 1187-1196
fJ N{) J Iv {r ,s CJr
~tc~
14J' ,:t;//t/}
~lt't?I'
c:.-r(,~
~ tC
(THIS ZONING DISTRICT APPLIES TO UNINCORPORATED BOONE COUNTY ONLY)
SECTION 1187 Industrial Four (1-4) Subsurface Mining District
The purpose of this district is to regulate subsurface mining, excavation, extraction, processing,
storage, conveying, loading, and hauling of stone and similar natural resources, as well as industrial
processes using these natural resources as raw materials. These regulations are designed to protect
the public health, safety, and welfare by ensuring that the subsurface mining and associated activity
does not adversely impact the environment or surrounding land uses.
Martin Marietta Materials, Inc. is a recognized leader in the promotion and
development of responsible environmental stewardship in the mining industry. The
Company has received numerous environmental and community awards. It is the
intent and policy of the Company to operate the site in a manner that does not
conflict with the County's objective to protect the health, safety, and welfare of the
public. The Company will meet or exceed all applicable Federal, State, and local
regulations which govern the operation of the facility.
SECTION 1188 Applicability
The 1-4 zone regulates both the underground mining and the associated surface activity of a subsurface
mine. All mined areas, including those owned or leased by the mining operation and those where
mining rights have been obtained are subject to these regulations.
Applicant respects the intent of the 1-4 zoning to regulate both the underground
mining and associated surface activities related to a subsurface mining operation
and will comply with all applicable regulations.
- 10-
1
I
j
]
3
]
]
]
J
]
I
J
]:
. -
I
)
J
I
"
SECTION 1189 Geographic Requirements
1.
Any 1-4 zoning district must be located within 1,500 feet of an existing interstate
interchange ramp, as measured along the centerlines of the roadway route. The access
driveway must directly access an arterial road as classified by the Boone County
Zoning Regulations and the Boone County Transportation Plan. The Planning
Commission may also allow access to an existing or planned collector or subcollector
road within an industrial zoning district, as long as the affected roadways are
constructed to standards of the Boone County Subdivision Regulations. All affected
roadways must contain adequate lane width or shoulders, and full center and edge
striping. The proposed access point must also be able to meet all requirements in
Article 32, Transportation Management of the Boone County Zoning Regulations for
trucks, including minimum spacing, corner clearance, and sight distance. If these
conditions do not exist, the Planning Commission shall require that they be provided
or constructed. Trucks must not exceed the posted weight limits for the affected
roadways. The 1,500 feet requirement may be waived if a proposed 1-4 zone is
surrounded by the Airport (A) zoning district and the proposed development would
not adversely affect public roadways between the site and the affected interchange.
A Traffic Access/Impact Study Report has been completed and is attached
to this document as Appendix A. This study addresses all affected
roadways and proposed improvements, including access, necessary to
provide adequate lane widths and shoulders. The traffic study (Appendix A)
addresses all requirements stated in Article 32 of the Boone County Zoning
Regulations for trucks. The proposed 1-4 Zoning District is located within
1,500 feet of an interchange ramp of 1-275 as measured along the centerline
of the roadway.
2.
Any 1-4 zone shall not be located within 3,000 feet of an existing residential subdivision
development, existing residential zoning, or planned (Future Land Use Map) Suburban
Residential, High Suburban Density Residential, or Urban Density Residential area.
Any part of the proposed 1-4 zone district boundary that is designed to solely
accommodate access to the 1-4 zone is exempt from the 3,000 foot requirement.
- 11 -
.
-,
]
]
I
]
J
I
J
]
J
J
I..:
11
]
J
J
However, no mining or related activities may take place in any portion of an 1-4 zone
exempt from the 3,000 foot requirement for access purposes.
The 1-4 zone proposed by this location is not located within 3,000 feet of an
existing residential subdivision development, existing residential zoning, or
planned (Future Land Use Map) Suburban Residential, High Suburban
Density Residential, or Urban Density Residential area. However, a part of
the proposed 1-4 Zone District boundary is designed to solely accommodate
access to the 1-4 zone and, therefore, is exempt from the 3,OOO-foot
requirement.
No mining or related activities are shown on the plan or are requested in any
portion of the proposed 1-4 zone within the 3,OOO-foot setback. The
attached plans show the road access in the 1-4 zone. The remainder of the
1-4 zone designed to solely accommodate access is set aside for future
access and for such access, as may be needed, for off-site monitoring of
mining and related activities. In addition, Applicant is proposing that the 1-4
Zone District boundary be extended to the property lines in order to ensure
that no uses, incompatible with 1-4 zoning, are proposed in that area.
3.
1-4 zoning shall not be placed where topographic conditions preclude a complete visual
screen from a major public thoroughfare.
The location of the proposed 1-4 surface plant will provide a complete visual
screen from 1-275. The developed portions of the site are set on the back
side of a ridge located a minimum of 3,000 feet from the 1-275 frontage with
significant existing wooded terrain in between the project area and 1-275.
Existing embankment cuts along 1-275 effectively limit views along portions
of the viewshed. Where views may potentially extend towards the
development site, a visual screen will be achieved through a combination of
lowering the topography of the development area, berming around the site,
and revegetation of disturbed areas. Drawing No. CS-1, Line of Sight View
Sections, has been provided to depict line-of-sight sections from 1-275 to the
- 12 -
proposed development area. As shown on the drawing, six sight view
sections have been prepared and are identified as Sections F1 through F6.
The location of these Sight View Sections are shown on Drawing No. L-1,
Landscape and Buffering Plan.
I
J
'.'...]
.'
J
]
]
J
J
]
.J
J
I
J
J
I
Geographic Guidelines
1. The location of an 1-4 zone should not cause the provision of centralized water or
sanitary sewer service in an area not planned in the current Comprehensive Plan for
such services.
The proposed development will be served by individual wastewater, process
water, and potable water systems. Connection to any central system is not
proposed. The facilities proposed for each of these utility services are
described below.
Potable Water - Potable water for this facility will be provided by a portable
bottled water service company. Bottled water stations will be located
throughout the facilities where employees will be working.
Process Water - Process water includes water used for mineral processing,
dust control, and all other nondrinking water uses. The source of this water
will be extracted from the proposed impoundment illustrated on Drawing No.
DP-2, Concept Plan/Surface Activity Site Plan, which is recharged from
storm water , water withdrawn from Garrison Creek, wells installed on the
property, or any combination thereof. All applicable permits shall be
obtained prior to the installation of wells or withdrawal of water from
Garrison Creek:
Wastewater System - An on-lot treatment and disposal system for waste-
water is proposed to be located on-site. The treatment system will be
subsurface or a sand mound-type system which will be selected based upon
the soil and rock conditions proposed in the area and will be constructed in
- 13-
accordance with all applicable health and environmental requirements.
During the initial phases of construction and as required throughout the life
of the operation, portable restroom units (porta johns) will be placed in areas
distant from the office area where work will be performed. These units will
be serviced on a regular basis.
2.
The 1-4 zone should not be located near any existing high-tech industries that have
sensitive manufacturing, processing, or handling operations affected by ground
vibration, or near churches or other public land uses involving structures sensitive to
vibration.
--I
]
I
]
J
1
]
]
J
J
'1_-
J
J
J
]
The proposed 1-4 zone is not located near any existing high-tech industries
that have sensitive manufacturing, processing, or handling operations which
could be affected by ground vibration. Martin Marietta Materials, Inc. is
obligated under State and Federal laws to implement a blast design which
will not cause any adverse impact to surrounding structures. In addition,
Martin Marietta adheres to its own company policy regarding the limitation
of ground vibration from blasting. All blasting activities will be monitored
with a seismograph. Permanent records will be maintained on each blast
and will include the blast pattern, the number of holes, size of holes, loading,
delays, and all other pertinent data. To ensure that Bullittsburg Baptist
Church is not impacted by vibration, it is Martin Marietta Materials, Inco's
policy that vibration levels at the boundaries of the proposed site shall not
exceed the standards set forth by any State and Federal regulations.
SECTION 1190 Principally Permitted Use
The following uses are permitted:
1. Extraction of stone, sand, minerals from beneath the existing surface of the ground,
not including oil, gas, or other flammable materials. Surface mining is not permitted.
- 14-
This request is to permit the extraction of underground mineral resources.
Oil, gas, or other flammable materials will not be extracted. No surface
mining is proposed.
2. Rinr barge loading and unloading operations that are conducted in conjunction with
permitted stone, sand, and mineral extraction activities.
-,
-I
J
J
J
)
]
J
J
]-
J'ti
",
"
J
J
]
At the present time, river barge loading and unloading is not being
proposed.
3. Agriculture (A-I) zone principally permitted uses # 2-13, and Conservation (Cons)
zone principally permitted uses #1 and 2.
The applicant will ensure that operations on the subject property will be
consistent with any applicable permitted uses: Agricultural (A-1) #2-13 and
Conservation (Cons) #1-2.
SECTION 1191 Accessory Uses
Accessory uses, buildings, and structures customarily incidental and subordinate to the purposes of
the district including:
1. Storage, crushing, washing, screening, sorting, drying, weighing, loading, unloading,
and conveyance of raw materials excavated on site.
2. Trucking operations.
3. Rail loading and)mloading facilities.
4. Electric generating and similar power plants to serve the site.
5. Dust and noise mitigation operations.
- 15-
6. Temporary Buildings incidental to construction only.
7. Maintenance shops and facilities to serve equipment directly utilized for a principally
permitted use.
I
J
1"}
I
J
]
.1
]
~
]
]-
I:,
"
:~
J
J
)
8. The administration, management, stenographic, reproduction, research, sales
(including sales exhibit or display) and any office activity related to a principally
permitted use.
9. Food service facilities.
10. Caretaker or watchman quarters.
Of the above-listed Accessory Uses, all uses are currently being proposed with
exception to Item No.3, rail loading and unloading facilities; Item No.4, electric
generation and similar power plants to serve the site; and Item No.9, food service
facilities.
SECTION 1192 Conditional Uses
The following uses and appropriate accessories subject to the approval and qualifications of the Board
of Adjustment and Zoning Appeals provided; a) the activity is an integral and subordinate function
of a permitted use; or b) the arrangement of uses, buildings, or structures will be compatible with the
organization of permitted and accessory uses to be protected in the district:
1. Asphalt mixing plants and concrete mixing plants.
Asphalt mixing plants and concrete mixing plants are contemplated future
uses for the operation; however, the applicant recognizes that conditional
use approval is required before such uses can occur.
2. Principally permitted and Conditional uses of the Industrial One (1-1) zone
and Recreation (R) zone.
-16-
.,
I
Where applicable, the applicant will obtain conditional use permits as
appropriate for 1-1 and R zone uses.
3.
Post-mining uses within a vacated room and pillar mine including:
a. Warehousing of non-hazardous materials.
b.
Storage, computer tapes and other records
-- I
. I
c.
Climate controlled storage or manufacturing operations that
do not involve hazardous materials.
~'I
(I
I
~1
]
1
]
J
J
J
~
..~
:~
":.
J
J
)
The proposed mining operation will employ a room and pillar
underground development technique utilizing several operating
levels. Post-mining uses within the vacated underground operation
will have the potential for a variety of uses including warehousing,
storage, and climate-controlled storage or manufacturing operations
that do not include hazardous materials. None of these conditional
uses are being requested at this time. If the opportunity should
arise, approval will be obtained prior to initiation.
SECTION 1193 Application for Zoning
Applications for a zoning map amendment to an 1-4 zoning district shall undergo a public hearing, and
contain a ~etailed Concept Development Plan. The application form shall contain signatures of all
mine operators, property OlVDers, and lessors party to the development.
Applications for a zoning map amendment to an 1-4 zoning district will undergo the
public hearing process as established by the county. The completed application is
presented in this document and also the following drawings to better explain and
illustrate the overall Concept Development Plan.
- 17 -
I
]
[',1
1
J
J
)
J
q.:..
J
]
]
I
J
J
)
DRAWING NO. TITLE
V-1 Vicinity Map
V-2 Archaeological and Historical Sites of Record
DP-1 Overall Site Plan
DP-2 Concept Plan/Surface Activity Site Plan
DP-3 Portal Location Site Plan
U-1 Underground Quarry Plan
L-1 Landscape and Buffering Plan
L~2 Landscape Detail Plan
R-1 Ultimate Land Use/Reclamation Plan
30-1 3-D Rendering of Surface
20-1 Underground Quarry Areas and Pillar Layout
CS-1 Line of SiQht View Sections
All drawings are contained in the accompanying Boone County Application For 1-4
Zoning Map Amendment Map Volume.
In addition, the application contains all of the required signatures of. the mine
operator, property owners, and lessors party to the development.
SECTION 1194 Public Hearing by Planning Commission
A public hearing shall be scheduled and conducted in accordance with the public notice requirements
and action requirements in Article 3 of this Code. In addition to these requirements, all property
owners within 1 mile of the proposed 1-4 zone will be notified by letter 14 days before the public
hearing.
The Applicant has supplied the Commission with a list of all property owners within
one mile of the proposed development. This list is located in Appendix B. It is the
. Applicant's understanding that the Commission will schedule the public hearing and
will provide the required written notification to such property owners.
- 18 -
SECTION 1195 Approval by Planning Commission
Action on a zoning map amendment for the 1-4 zone shall follow the pertinent sections in Article 3 of
this code.
I
-I
:.J
I
"J
'j
I
]
]
.:]
]
I
:h
"
"
J
J
)
The applicant understands that action on this request for zoning map amendment
for the 1-4 zone will follow the pertinent sections in Article 3 of this code. Section
303 requirements are addressed beginning on page 41 of this Application.
SECTION 1196 Required Contents of Concept Denlopment Plan
1. A detailed vicinity map showing the area within a three mile radius of the center of the
proposed site. Proposed routes for shipping and receiving materials and equipment
shall be indicated along with daily! monthly and yearly average and maximum
quantities of materials transported to and from the site. Recorded historical and
archaeological sites, public facilities such as parks, schools, churches, cemeteries, fire
stations and government offices, existing zoning, and the boundaries of cities, counties
and states shall be identified. The boundary of the proposed site shall be shown;
A detailed Vicinity Map, identified as Drawing No. V-1, of the accompanying
Application For 1-4 Zoning Map Amendment Map Volume has been
provided. The Vicinity Map indicates the area of the proposed site and the
area within a three-mile radius of the center of the proposed site. A detail
of the proposed site routes for shipping and receiving materials and
equipment are shown on the map.
Daily, monthly, and yearly average and maximum quantities of material
transported to and from the site are provided in the Traffic Access/Impact
Study and Transportation Report (see Appendix A).
Appendix C is a report entitled "Archaeology and Historical Literature
Review" for the proposed project area. This report is a compilation of
existing sites of record. A separate vicinity map, Drawing No. V-2,
- 19 -
- i
I
i
]
I
]
]
I
]
I]
J
]
)
.J
J
)
Archaeological and Historic Sites of Record, has been prepared. The map
identifies sites within three miles of the center of the project property. Per
Federal requirements, in the interest of protecting and preserving historic
and archeological resources, mapped information is not intended for public
disclosure. Other applicable public facilities and the boundary of the
proposed site are shown on Drawing No. DP-1, Overall Site Plan, on the
accompanying 1-4 Application for Zoning Map Amendment Map Volume.
2.
A development plan of the site drawn to a scale of 1 inch equal to not more than 200
feet showing:
a. The total area of the property owned or leased by the applicant;
The total property described by the applications is owned by the
undersigned property owners and comprises 575:t acres. An
Overall Site Plan, Drawing No. DP-1 located in the Map Volume
accompanying the 1-4 Application For Zoning Map Amendment
indicates the area owned by the applicants.
b. Names of abutting property owners;
The following is a listing of all abutting property owners and their
respective mailing addresses. The locations for each of these
parcels are identified on Drawing No. DP-1, Overall Site Plan,
located in the Map Volume accompanying the Application For 1-4
Zoning Map Amendment.
Name and Address Name and Address
Luther Gray Bullittsburg Baptist Church
2538 Bullittsburg Church Road Bullittsburg Church Road
Burlington, KY 41005 Burlington, KY 41005
Florence P. Campbell, (Est.) Bullittsburg Baptist Assembly, Inc.
2620 Bullittsburg Church Road 2616 Bullittsburg Church Road
Burlington, KY 41005 Burlington, KY 41005
- 20-
I
]
J
J
I
]
]
)
]
J
J
J
I
]
J
J
~
I Name and Address I Name and Address I
Commonwealth of Kentucky William Moore
Kentucky Highway Department 2722 Bullittsburg Church Road
Frankfort, KY Burlington, KY 41005
Sam Delph Addison Stevens
4633 Garrison Creek Road Stevens Family Trust
Burlington, KY 41005 3113 Peel Road
Burlington, KY 41005
Esto Estes Jay Rosenberg
4734 Garrison Creek Road 655 Eden Park Drive, Suite 550
Burlington, KY 41005 Cincinnati, OH 45202
Donald Hodges Boone County
2956 Jordan Lane Washington Street
BurlinQton, KY 41005 BurlinQton, KY 41005
c.
All public and private right-of-ways and easements on or abutting the property
with notation as to proposed continuation, creation, enlargement, relocation
or abandonment;
An OVerall Site Plan, Drawing No. DP-1, and a Concept Plan/
Surface Activity Site Plan, Drawing No. DP-2 located in the Map
Volume is accompanying the 1-4 Application For Zoning Map
Amendment and identifies all public and private rights-of-way and
easements of record on or abutting the property. Creation of new
roadway access to the property is being proposed along with
relocation of a short section of Garrison Creek Road to upgrade its
condition and create a safe intersection with the property access
road. An additional section of Garrison Creek Road from north of
the intersection with BullittsburgChurch Road to the proposed Portal
Area is also being proposed to be upgraded. All road work will be in
accordance with Article 32 of the Boone County Zoning Regulations
and constructed to the standards of the Boone County Subdivision
Regulations. Additional information pertaining to the roadways is
provided in Appendix A.
- 21 -
-1
I
.....1
I
I
~l
]
1
J
J
J
]
...::]
J
J
.J
]
0:
Current location of rights-ot-way and easements will primarily remain
undisturbed. An exception to this statement is the plan to abandon
approximately 2,600 feet of overhead electric line currently posi-
tioned diagonally through a portion of the proposed surface facilities!
processing area. It is planned for this overhead electric line to be
relocated to the west of the proposed surface facilities area. From
the relocated overhead electric line, approximately 600 feet of new
line will be constructed to feed the underground mining operations
and approximately an additional 1,700 feet of overhead electric line
will be constructed to provide power to the E. M. Gains farmstead
served by the original overhead electric line.
The location of these proposed activities are referenced on the
aforementioned Concept Plan/Surface Activity Site Plan, Drawing
No. DP-2.
d.
Existing and proposed contours of the site and all property within 200 feet,
shown with intervals sufficient to show existing and proposed drainage, but not
more than 10 feet;
The Concept Plan/Surface Activity Site Plan, Drawing No. DP-2;
Portal Locations Site Plan, Drawing No. DP-3; and Ultimate Land
Use/Reclamation Plan, Drawing No. R-1 located in the Map Volume
is accompanying the Application For 1-4 Zoning Map Amendment
and provides existing and proposed contours at 5-foot intervals for
the site and all property within 200 feet of the site. Drainage flows
are indic::ated by the contour configurations and/or drainage flow
arrows placed on the maps.
e.
All existing structures on the property and within 200 feet of the property lines
on adjacent property;
- 22-
-- !
I
.'.[
I
.J
]
I
]
J
J
]
~
3
].'
,.
J
J
The Overall Site Plan, Drawing No. DP-1, located in the Map Volume
is accompanying the 1-4 Application For Zoning Map Amendment
and identifies the location of all existing structures on the property
and within 200 feet of the property lines on adjacent property. As
indicated on this map, 13 structures exist within the defined areas.
f.
General layout of proposed development showing proposed limits of excavation
and all proposed structures;
The proposed development is shown on Drawing No. DP-2, Concept
Plan/Surface Activity Site Plan, and Drawing No. DP-3, Portal
Location Site Plan. These drawings indicate proposed structures,
limits of surface disturbance, and general layout of the project. As
shown on the Concept Plan/Surface Activity Site Plan, there are
three general areas of surface activities. The portal area provides
access to the mining horizon in the High Bridge Limestone Forma-
tion. The mining horizon will include a bottom development zone
where primary crushing will be accomplished underground.
The portal surface area will accommodate all the facilities needed to
allow access and transport to the underground workings. This is
where the vehicles used to access the mine will be parked, under-
ground safety equipment issued, and mine check-in and control will
be located. Short-term storage of supplies and equipment will also
be accommodated at the portal area. The belt line from the primary
crusher located underground will emerge at this location; the rock
will be transferred out to an overland conveyor for transport to the
secondary and tertiary crushing and screening site located to the
east of the portal. This eastern site is identified as the surface
facilities/processing area.
The Processing Area will consist of surge and stockpiles of sized
materials, and the crushing and sizing equipment that will be utilized
- 23-
,. ,
. I
\
.' (
(
1
]
l
.J
J
J
J
]
J
J
]
to meet aggregate specifications for a variety of products. Various
connecting belts and bins will be used to accomplish production. A
truck scale will be employed to measure weights of trucks taking
aggregate from the site.
The third area of excavation will be for the installation of the
proposed process water supply reservoir located approximately
2,000 feet northwest of the Portal Area as shown on Drawing No.
DP-2, Concept Plan/Surface Activity Site Plan.
The installation of all sites will require excavation of soil and rock to
elevations indicated on the drawings and maps. Rock excavation
will be achieved by employing rippers mounted on dozers to the
maximum depth possible; blasting of rock, as required, vyill be
performed in strict accordance with all local, State, and Federal
regulations on blasting and vibration control.
g.
Clear delineation of which lands will be subject to ownership, lease, and
mineral rights ownership.
The lands which will be subject to ownership, lease, and mineral
rights ownership collectively by the Applicant and undersigned
property owners are clearly delineated on Drawing No. DP-1, Overall
Site Plan.
h.
Location, dimension, and description of proposed buffer strips, screening, and
embanla:l1ents;
The Applicant is proposing to construct an embankment around the
perimeter of the southwest corner of the proposed Portal Area. This
embankment will be constructed with vegetated 2H:1V slopes to
ensure slope stability. At a minimum, the proposed height of the
embankment will be ten feet with a ten-foot wide flat bench area
- 24-
--J
,
around the top. This structure will remain in place, with a six-foot.
high chain-link fence with three strands of barbed wire installed
along the top bench area. The berm will serve as a noise barrier
and prevent inadvertent access to the site from unauthorized
personnel. In areas where the embankment will not be constructed,
additional chain-link fencing will be installed to prevent access. The
location of the embankment and fencing have been illustrated on
Drawing No. DP-3, Portal Location Site Plan.
~{
_.J
The Applicant is also proposing to construct an embankment around
portions (three sides) of the proposed Processing Area. This
embankment, where constructed, will also be built with 2H:1V slopes
to ensure slope stability. In areas where embankments will not be
constructed, fencing will be installed to prevent unauthorized access.
At a minimum the proposed height of the embankment will be ten
feet with a ten-foot wide flat bench area around the top. The
location of the embankment structures have been illustrated on
Drawing No. DP-2, Concept Plan/Surface Activity Site Plan.
f
_OJ
J
J
]
j
]
]
I
J:
.'
J
J
The Applicant has proposed that a 200-foot buffer be maintained
between the property line and the limit of any disturbance area. The
buffer will remain undisturbed and contain existing vegetative cover,
therefore providing a natural screen for the operation. All buffer
areas are illustrated on Drawing No. DP-1, Overall Site Plan and
Drawing L-1, Landscape and Buffering Plan.
Existing vegetation shall remain within all 200-foot setback zones
from the property line. Surrounding portions of the processing area,
a ten-foot minimum height earth berm will also screen surface
activities. Refer to Drawing No. L-1, Landscape and Buffering Plan,
for a description of screening and buffering treatments.
- 25-
i.
All existing public roads abutting the site, width and type of pavement, existing
and proposed right-or-way width, and existing and proposed drainage
structures;
-)
All existing public roads abutting the site are shown on Drawing No.
DP-1, Overall Site Plan. Existing and proposed drainage structures
are indicated on the drawing with pipe and/or culvert diameters
called out. The following table identifies public roads abutting the
site, width of roadway, and type of pavement.
..1
f
-1
J
I
J
J
J
.J
~.~:
"
"
J
.J
]
ROADS ABUTTING SEGMENT WIDTH TYPE OF
THE SITE (FErn SURFACING(1)
Garrison Creek Road From river to bridge near portal 12 Gravel
Garrison Creek Road From bridge up the hill to existing drive to 12 Gravel
proposed surface facilities
Garrison Creek Road From existing drive to Bullittsburg Church 14to 15 Asphalt
Garrison Creed Road From Bullittsburg Church to divided highway 25 Asphalt
Bullittsburg Church Road From Garrison Creek Road to dead end 14 Asphalt
Kentucky Route 8 Divided highway at the ramps for 1-275:
East side 25 Asphalt
West side 15 Asphalt
(1) Type of road surface is as of March 19, 1999. Garrison Creek Road was under improvement
during the period of inspection.
j.
Schedule of development showing estimated time frame for development and
reclamation of the site; including a description of maximum active area for
operation, on-going reclamation area, and design of site work.
As indic~ted on Drawing No. DP-2, Concept Plan/Surface Activity
Site Plan, the surface areas to be developed consist of a surface
crushing and screening facility, an underground mine portal site, a
connecting overland conveyor between these two locations,
ventilation shaft sites, and a potential water storage facility. The
portal area allows access to underground mine workings via sloped
tunnels. Ventilation of mine horizons will be accomplished with
- 26-
I
.1
!
1
-I
~!
I
]
]
J
J
J
J
]
11
B
J
]
I
vertical shafts after mining commences. The following table shows
estimated development times and active areas.
SITE I DEVELOPMENT APPROXIMATE AREA
TIME (ACRES)
Surface Facilities/Processing Area (Pad) 7 months 32
Portal (Pad) 7 months <4
Overland Conveyor and Access Road 4 months <3
Ventilation Shaft Site 6 months <:1
Potential Water Storage Facility 1 month <8
The times shown in the table are for individual sites. Except for an
initial ventilation site, all sites have to be functional before under-
ground operations begin. For that reason, the surface sites will be
developed concurrently with an estimated time of up to seven
months until the operation is developed to the point that under-
ground mining activities may commence. All erosion and sedimenta-
tion control structures will be routinely maintained. Site reclamation
activities are discussed in Section 1196, Numbers 4 and 5, of this
application.
k.
Routes of anticipated hauling travel on public roads with descriptions of
maximum load weight limits of each public road, or road section anticipated
to be utilized for transportation of the materials;
Refer to Appendix A, Traffic Access/Impact Study Report, for
information pertaining to routes of anticipated hauling and travel on
public roads with descriptions of maximum load weight limits of each
road, or road section anticipated to be utilized for transportation of
the materials.
I.
Proposed interim and ultimate land uses;
- 27-
. I
I
\
1
I
I
rl
c.:
1
3.
]
]
1
]
]
..
]
..
]
I
,.
J
J
J
The proposed interim land use is an underground mineral mining
operation with related surface operations including the storage,
crushing, washing, screening, sorting, drying, weighing, loading,
unloading, and conveyance of minerals excavated on the site;
related trucking operations; and possible future conditional uses
such as the integration of asphalt and concrete mixing plants. When
the interim uses are discontinued, the site will be reclaimed accord-
ing to all applicable regulations and would be available for an
ultimate use compatible with the surrounding property and in
compliance with the Comprehensive Plan and the Boone County
Zoning Regulations in existence at the time the interim use is
discontinued.
A three dimensional computer generated model which depicts all surface and
subsurface operations and a floppy disk which contains the model in digital format.
The model shall be in a format that is compatible with the Planning Commission's
geographic information system.
The preliminary layout of underground mine workings is shown as a two-
dimensional model on Drawing No. U-1, Underground Quarry Plan. This
layout includes a basic pillar design presented in plan view. The pillars are
preliminarily sized at 60 feet by 60 feet with entry widths of 40 feet. The
orientation and sizes of the pillars may have to vary as conditions warrant
to promote safe roof conditions and final design criteria. Drawing No. 20-1,
20 Underground Quarry Areas and Pillar Layout, illustrates the configuration
of the proposed pillar layout. The final mining plan will follow all regulations
for subsidence ~nd roof control as required by the Kentucky Department of
Mines and Minerals. Roof control for start-up and modifications needed will
strictly follow approved Federal Mine Safety and Health Administration
requirements and plans.
A 3-0 Model of the property surface and proposed surface activities has
been developed. As such, a view of the proposed site development can be
- 28-
I
]
q
I
]
]
J
J
]
]
]
I
J
J
I
observed from any vertical or horizontal angle desired. Included with this 1-4
Zoning Map Amendment Application and presented as Drawing No. 30-1
(3-D Rendering of Surface) is a rendering of the site at one selected
viewport. Also provided to the County are electronic files of this entire
application (text and drawings) including the 20 underground mining model,
agreed to be acceptable by the County, and 3D surface model. The text is
provided in WordPerfect, Version 7.0. The drawings are provided in
AutoCAD, Version 14.
4.
A written description of the proposed operation addressiag each of the following:
a. Noise control: detailed design plan including a list of equipment to be used
that may impact noise pollution. Projections of average and maximum decibel
levels at site boundaries, adjacent public roads and all adjacent property
owners buildings and/or dwellings;
A Noise Level Survey of the proposed project site has been
prepared and is included in this application as Appendix D.
b. A detailed site description and overview of the operations;
The surface processing site is proposed to be located on the back
side of an upland area to the east of Garrison Creek Road. This site
is approximately 4,200 feet north of Interstate 275 (1-275). Access
to the site is via Garrison Creek Church Road and a proposed site
access road. The Landscape Detail Plan, Drawing No. L-2, presents
the sitec:lccess road detail and landscaping scheme. The surface
processing site will likely consist of secondary and tertiary crushing
of rock, ground storage of products, bin storage, truck loading bins,
truck scales, and on-site vendor facilities.
The portal site is proposed to be located in the valley north of
Garrison Creek Road. This site is approximately 4,800 feet north of
- 29-
I
-1
]
I
]
]
1
]
]
.J
.J
"1,:<
JI
J
J.
)
&'
the interchange with 1-275. The portal is the point of access to the
underground mine. The portal area will likely contain conveyor
haulage structures, mine offices, mining supply and maintenance
yards, and mine ventilation equipment.
The mine portal is proposed to be connected to the surface activi-
ties/processing area with an overland conveyor belt. This conveyor
will haul rock from the underground primary crusher to a surge pile
at the processing area. Material from the surge pile will then be
subjected to secondary and tertiary crushing processes.
Mine access and conveyor belt haulage to the underground is via
descending tunnels that connect to the mining horizon. An under-
ground area will be developed that will house mine support functions
such as primary crushing, supply, and first-line maintenance.
Bottom development will be in the immediate vicinity of the slope
entrance to the mining horizon.
The following narratives address specific items of interest in the site
description and operations review:
. The mine will be a room and pillar operation that will extend
to the property limits and to the 3,000-foot exclusionary limit
lines due to zoning. Ventilation shafts will be installed as the
mine extends to the limits of extraction. Prior to any activi-
ties, Martin Marietta will obtain all applicable local, State, and
Federal permits required for the operation. All extraction and
surface activities will meet or exceed present and future
regulations dealing with safety and environmental issues.
. As a result of an exploration drilling program completed on
the property, it is estimated that there are approximately 90
million tons of mineral reserves contained within the pro-
- 30-
I
I
1
I
1
]
Pl."
J
']
]
]
]
J
]...
. .
:]
J
D
11
J
J
J
;:
posed underground mining limits. Drilling logs and a drill
hole location map are presented in Appendix E of this
document. These logs include overburden and rock
thickness measurements. It is estimated that the
operations could be sustained for over 45 years if annual
production reached 2 million tons per year.
· The underground operations will be performed around the
clock as certain functions such as drainage, ventilation, and
roof control often require constant and continuing efforts.
Underground production, belt haulage, and surface crushing
and screening operations will be limited to the hours of 6:00
A.M. to midnight, Monday through Friday, and until 10:00
P.M. on Saturdays. No operations are being proposed on
Sundays.
. Dust control will be in strict compliance with all applicable
safety, health, and environmental regulations. Sprays and
dust suppression systems will be used underground as
required to control fugitive dust emissions. Dust control
measures on belt transport, transfer points, and processing
locations will be utilized as needed to ensure air quality
standards. The air quality standards will be met by
pertinent use of dust suppressants and paving on the
surface sites and access roads. Additional dust suppression
measures to be utilized by Applicant include water trucks,
water sprays, and a truck wheel wash system. The water
trucks will routinely wet access roads and roads internal to
the processing and portal area facilities. Water sprays will
be used as required throughout the crushing, screening,
and conveying circuits. The truck wheel wash system will
be used to remove dirt and dust particles from trucks exiting
the property and prior to entering public thoroughfares.
-31-
I
-,
:,1
I
]
J
1
]
J
]
! ]
I".
"
;;~
J
J
)
. Required equipment maintenance will be accomplished
underground, within the portal maintenance area, in the
aboveground maintenance facility, or any combination
thereof.
.
Topsoil will be preserved at all of the surface site excava-
tions in stockpiles and embankment structures. Topsoil
storage areas will be graded and seeded with approved
application rates and seed species to protect and prevent the
topsoil from erosion.
.
Temporary erosion controls will be implemented prior to any
excavation and construction activities. After construction of
the surface sites, permanent erosion measures will consist
of sediment control ponds, revegetation of disturbed areas,
and channel protection in accordance with local, State, and
Federal requirements.
.
Surface sites are above the 100-year storm elevations as
shown on the Boone County FEMA Flood Zone Maps.
Sediment and erosion control ponds will allow detention of
stormwater runoff prior to discharge. At the present time, no
recorded studies of hydrology or groundwater conditions in
this area have been found.
.
Fuel oil, oil, waste oil, and gasoline will be stored in an
aboveground tank compound. The location of the facility is
indicated on Drawing Nos. DP-2 and DP-3. Solvents and
other chemical reagents will be handled and disposed of by
an approved dealer, such as Safety Kleen Corporation, in
accordance with all local, State, and Federal regulations.
Applicant will have an approved Spill Prevention, Counter-
measures, and Contingency (SPCC) Plan for this facility.
- 32-
I
I
I
]
:j
'J
J
J
'J
]
]
]
]
I
J
J
I
.
Blasting procedures are described in Section 1196(9).
Blasting for the excavation of the surface sites will be
conducted during daylight hours. Underground production
shots will be made at specific times established based on
explosive delivery schedules and applicable regulations. No
blasting will be performed unless required vibration monitor-
ing is operational. All blasts will be recorded by seismograph
at the nearest non-company-owned structure and in accor-
dance with Kentucky Mines and Minerals Regulations and
Requirements. It can be anticipated that underground
blasting will occur on a daily basis except Sundays. Mine
development in the High Bridge Formation will occur be-
tween the elevations of + 150 and -250 MSL. Therefore, the
minimum horizontal thickness of strata between an occupied
dwelling and the mine works will be in excess of 375 feet.
.
Solid wastes generated by aggregate production are mini-
mal. Any solid wastes or equipment or structure that have
become obsolete or reached service life will be removed
from the surface sites and disposed in accordance with
appropriate regulations.
.
The room and pillar system, as designed, will prevent any
surface subsidence. The pillars will not be mined but rather
left as support of the overlying strata. Pillar sizes are
estimated at 60-foot by 60-foot square which provides a
safety factor of 3.11 with an entry width of 40 feet. This
safety factor calculation was based on the lowest observed
compressive strength (9,590 psi) of core samples in the High
Bridge Formation (the mining formation) obtained during the
site drilling and exploration program.
- 33-
I
}
l
"]
"'J
]
]
]
J
J
J
~
'].
"
J-
!I
~
,]
J
I
. Overburden materials will be moved only during preparation
of the surface facilities. It has been estimated that a cut and
fill material balance has been achieved. Overburden will be
placed into berms and filled around the perimeter of the
proposed surface sites. Product stockpiles will be located at
designated areas within the surface facility/processing area.
These piles are shown on Drawing No. DP-2, Concept Plan/
Surface Activities Site Plan.
c. General reclamation operations including but not limited to, backfilling,
grading, top soil redistribution, liming, fertilization, other soil preparation,
seeding, planting, mulching and revegetation of all land that is disturbed by the
operations;
At the completion of mining, highwalls will be reduced by cutting
them down to a safe slope, filling non-essential ponds, and regrading
all sites once production, storage, ventilation, security, conveyance,
and all other structures have been removed. All disturbed areas will
be revegetated with approved seed mixes. All surface areas related
to the mining operation will be covered with soil and seeded, unless
otherwise indicated as a road or trail servicing the general area.
Reclamation and revegetation operations shall comply with the
requirements of the Boone County 1-3 Zoning, Section 1166 and with
the Commonwealth of Kentucky regulations for Noncoal Mineral
Operations.
5.
Ultimate Land Use Plan: the use ofthe land after final reclamation. This plan shall
describe the use of the land after final reclamation. This plan shall be prepared by a
Professional Engineer, licensed in the State of Kentucky, and shall include the
following:
- 34-
a. A detailed design of final reclaimed topography, drainage and solid content of
the site. This information shall include survey plats, topographical drawings,
and soil content core thickness assays;
I
]
fC]
:',
I
J
J
J
]
]
:]
]-
I
.J
J
I
Drawing No. R-1, Ultimate land Use/Reclamation Plan, has been
provided. The plan shows topographic information including
proposed contours which define surface drainage patterns. The plan
includes property line information as currently defined. If the
property boundary is to be redefined, a plat of survey will be
provided at that time. In addition, Appendix E provides drill hole
information, including overburden thickness at three locations within
the proposed project area.
Approximately seven soil series have been identified within the
project site. These soils consist primarily of silt loam or silty clay
loam. These soils have been reported to range in thickness
between one foot to greater than ten feet. The soils within the
project site average approximately 4.5 feet. The soils are found on
slopes ranging from 0-20 percent with the majority of the site having
slopes greater than 20 percent. A soils map identifying the distribu-
tion of soils for the site has been included in Appendix E.
b.
The time frame of proposed final closure plans;
It is estimated and shown in Section 1196(5d) that the time to
complete final reclamation of the site could take 8 to 16 months
depending on how the project is scheduled. Assuming that closure
activities are scheduled to occur concurrently, it is estimated that
final reclamation would be completed in approximately one year or
less.
- 35-
]
"""I
I
]
]
.J
]
]
]
]
I
J
J
)
;.
c. A detailed description of any additional work; whether construction of
structures, earthwork or any other requirements that are necessary to make
the ultimate land use possible;
No additional work beyond that previously described will be required
to achieve the proposed ultimate land use.
d.
The detailed cost estimate to finalize reclamation and complete the site for
ultimate use. Such estimates .shall be based on the costs to the owner or
operator of hiring a third party to complete final reclamation and site
preparation for ultimate land use. Bonding under Article 4.83E shall include
these costs;
In accordance with this requirement, a bond will be provided equal
to the amount of estimated reclamation cost with adjustments made
at fIVe-year intervals. An estimate of the final reclamation costs are
summarized on the following table.
FINAL RECLAMATION COST ESTIMATE
LOCA nON COST TIME
REMOVE SURFACE STRUCTURES
Crushing and Screening Site $750,000 2 Months
Portal $40,000 1 Month
Belt Conveyor $60,000 2 Months
Shaft Sites $15,000 (3 X $5;000) 1 Month
Time Frame 4-6 Months
BACKFILL MINE OPENINGS
Shaft Sites $120,000 (3 X $40,000) 4 Months
200 Feet of Portal Slopes $80.000 (2 X $40,000) 4 Months
Time Frame 4-6 Months
- 36-
~"'J
I
J
J
)
]
]
J
}-
1,'-
-"
~t~
J
J
]
.
LOCATION COST TIME
REGRADE AND REVEGETATE
Regrade and Revegetate at Crushing and Screening $70,000 1 Month
Regrade and Revegetate at Portal $60,000 2 Months
Regrade and Revegetate at Shafts $6,000 1 Month
Time Frame 2-4 Months
TOTAL COST ESTIMATE $1,201,000 8-16 Months
6.
Consistent with Article 3, a list of the names and current mailing addresses of aU
abutting property owners and aU property owners whose property is within 1 mile of
the proposed 1-4 zone.
A listing of the names and current mailing addresses of all abutting property
owners and all property owners whose property is within one mile of the
proposed 1-4 zone have been provided in Appendix 8 of this application.
7.
Metes and bounds description of the property for which the zone change is required;
Zone changes are being requested for the boundary lines of two properties.
Metes and bounds are shown on Drawing No. DP-1, Overall Site Plan.
8.
A written consent by the applicant and owner of the property that a Certificate of
Land Use Restriction describing the conditions of any development plan or other
restrictions are to be recorded in the records of the Boone County Clerk's office and
the applicant and owner of the property agree to furnish all necessary information to
properly record the notice, it being understood the recording is to subject the property
to such conditions and restrictions to successors in title to the property.
The Applicant and property owners will provide the above written consent
with respect to agreed upon conditions or other restrictions. The Applicant
and property owners agree to furnish all necessary information to properly
record any required notice. The Applicant and property owners agree that
- 37-
..
- ,
I
J
I
]
]
;',
]
]
J
J-
I
11
J
J
)
any such conditions and restrictions will be binding upon successors in title
to the site.
9.
The applicant shall provide sufficient information in order for the Planning
Commission to contract an independent report on potential blasting impacts on
surrounding land. This report shall project anticipated vibration conditions, measured
by peak particle velocity and vibration frequency, for an area of 1 mile radius from the
proposed mining site by taking into account the geology and topography of the area.
Blasting of rock is anticipated to be required in some areas of surface
excavation during development and in the underground operations. Ripper
dozers will be used to excavate to the greatest depth possible at both the
surface facility/processing area and the mine portal location. The highwall
face-up at the portal will also require controlled blasting (presplitting) to
eliminate and reduce spalling of the rock highwall. These blasts will be in
accordance with local, State, and Federal mining regulations dealing with
surface blasting. The dimensions of the surface rock to be excavated
cannot be described until all rippable rock has been moved. Traffic will be
controlled on any nearby roads at the time of any surface blasting. All
surface blasting will be monitored for vibration levels.
There will be underground excavation of rock in the slope (sloped tunnels
that access the mining horizon from the surface) and in the mining horizon
using explosives. The slope will consist of two declining tunnels separated
by a distance approximated by forty feet. These tunnels will be approxi-
mately 26 feet high and 30 feet wide. The length or depth of cut for each
shot will be determined as conditions are encountered in the descent to the
mining level. These will probably range from 10 feet to 16 feet in cut depth.
Hole numbers, delays, and power factors will vary with the distance down
through the strata. All blasts will be controlled by applicable regulations.
The underground blasting in the mining horizon will excavate a drift entry
approximately 40 feet in width and 26 feet in height. It is expected that
- 38-
i
I
I
I
~1
r~1
.......
~, .
L
'''1
J
J"P
..
"OJ
J
]
J'.
'.
J".
.,
:~ -
:~
I
J
J
I
these drift cuts will range from 10 to 16 feet in depth. There is a wide range
of shot patterns that can be used for these drift production rounds. The shot
pattern will vary with changing conditions, changing blasting technologies,
and fragmentation requirements.
All underground excavation will be done in strict accordance with all local,
State, and Federal Safety Provisions for underground excavation.
Monitoring for seismic vibrations and peak particle velocity will be performed
for underground blasting as required by regulations and Applicant's internal
policy.
To verify that safe peak particle velocities would not be exceeded, Applicant
conducted a trial explosive seismic vibration test, monitoring, and analysis
using the consulting services of VIBRATECH of Louisville, Kentucky. The
exploratory drill hole C-1-92 was used as an explosive test hole with a
charge of explosives loaded at around the mining horizon (50-100 MSL
elevation). The amount of explosive used would approximate the weight of
explosive per delay in an underground shot. Seismographs were placed at
10 ground surface locations to record particle velocities from 150 to 2,700
feet horizontal distance from the hole. The seismographs recorded a
maximum particle velocity of 0.300 inch per second, which is well below
(15%) the maximum of 2.000 inches per second allowed by Kentucky Mines
and Mineral regulations. It was V/BRA TECH's conclusion that maximum
particle velocity could be easily avoided by proper blast techniques at this
location.
10.
The application shall include the names and addresses of any property owners, mineral
rights owners, and operators party to the development. All persons signing the
application shall also agree to all conditions and/or restrictions of any development
plan or other restrictions placed upon the property.
The application contains the names and addresses of all property owners,
mineral rights owners and operators which will be parties to the proposed
- 39-
I
I
I
]
J
, I
]
I J
]
]
]
'J"
'.
]-
J
J
J
I
~
~
development. By execution of this Application, the undersigned Applicant
and property owners hereby consent to agree to any reasonable conditions
and/or restrictions placed on the proposed development plan or placed on
the property.
- 40-
J