PRESENT: SAMUEL W. HAYES CHAIRMAN AT-LARGE ALVIN BLAHA VICE CHAIRMAN DIST #3 BUTCH CUNNINGHAM DIST #4 GAYLE KIRKLAND DIST #5 DEAN McCRAY DIST #2

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1 VIRGINIA: MINUTES OF THE REGULAR MEETING OF THE DINWIDDIE COUNTY PLANNING COMMISSION HELD IN THE BOARD MEETING ROOM OF THE PAMPLIN ADMINISTRATION BUILDING ON THE 12 th DAY OF JUNE AT 7:00 P.M. PRESENT: SAMUEL W. HAYES CHAIRMAN AT-LARGE ALVIN BLAHA VICE CHAIRMAN DIST #3 BUTCH CUNNINGHAM DIST #4 GAYLE KIRKLAND DIST #5 DEAN McCRAY DIST #2 ABSENT: THOMAS TUCKER AT-LARGE EVERETTE PROSISE DIST #1 OTHER: MARK BASSETT PLANNING DIRECTOR TYLER SOUTHALL COUNTY ATTORNEY CALL TO ORDER The Chair called the regular meeting to order at 7:00p.m. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE The Chairman asked everyone to stand for the pledge of allegiance and a moment of silence. ROLL CALL The Chairman asked for the roll to be called and Mr. Prosise and Mr. Tucker were absent. MINUTES The Chairman sa id we have the minutes from the Ma y 8, workshop meeting before us. He asked if there are any corrections. He said if there are none, he would entertain a motion to accept the minutes as presented. Mr. Blaha made a motion to accept the minutes as presented. It was seconded by Mr. Kirkland. W ith Mr. Kirkland, Mr. Cunningham, Mr. McCray, Mr. Blaha and Mr. Hayes voting AYE t he minutes were approved. The Chairman sa id we have the minutes from the Ma y 8, regular meeting before us. He asked if there are any corrections. He said if there are none, he w ould entertain a motion to accept the minutes as presented. Mr. Cunningham made a motion to accept the minutes as presented. It was seconded by Mr. McCray. With Mr. Cunningham, Mr. Kirkland, Mr. McCray, Mr. Blaha and Mr. Hayes voting AYE the minutes were approved. BOOK 5 PAGE 1 JUNE 12, 2013

2 APPROVAL OF AGENDA The Chairman said we have the agenda before us. He asked if there are any additions. Mr. Bassett said after the citizen comments staff would like for the members, along with staff, to go into closed session. The Chairman said if there are no more additions, he would entertain a motion to accept the agenda with the addition. Mr. Blaha made a motion to accept the agenda with the addition. I t was seconded by Mr. Cunningham. With Mr. Cunningham, Mr. McCray, Mr. Kirkland, Mr. Blaha and Mr. Hayes voting Aye the agenda was approved with the addition. CITIZEN COMMENTS The Chairman opened the citizen comments portion of the meeting and asked if there was anyone signed up to speak or anyone present who wanted to speak. He said since there is no one he was closing the citizen comments portion. Mr. Southall said before w e move into the closed session portion of this meeting Mr. McCray has something he wants to say. Mr. McCray said he is the President and majority owner of McCray E lectric. The business is located at Cox Road, North Dinwiddie VA, He said McCray E lectric has in the past provided electrical services to Illuka Resources Inc. or its affiliated entities. As m y business could benefit from further expansio n of Illuka Resources Inc. or its affiliated entities in Dinwiddie County, I believe it s only right to recuse myself from the Planning Commission in hear ing this Conditional Use Permit case. At this time I will step out so as not to hear this case. CLOSED SESSION Mr. Southall said I move to close this P lanning C ommission meeting and take the commissioners into closed session in order to discuss matters exempt under section A. 7 Legal advice for Conditional Use Permit s. Mr. Cunningham made a motion and Mr. Blaha seconded it. With Mr. Cunningham, Mr. Kirkland, Mr. Blaha and Mr. Hayes voting AYE the commission went into closed session. Mr. Southall said I move to open this P lanning C ommission meeting and bring the commissioners out of closed session. Mr. Cunningham made a motion and Mr. Blaha seconded it. With Mr. Cunningham, Mr. Kirkland, Mr. Blaha and Mr. Hayes voting AYE the commission came out of closed session. Mr. Southall said to certify the closed session I will read the following: WHEREAS, the Dinwiddie County Planning Commission convened in a closed meeting under section A. 7 Legal advice for Conditional Use Permits, BOOK 5 PAGE 2 JUNE 12, 2013

3 AND WHEREAS, no member has made a statement that there was a departure from the lawful purpose of such closed meeting or the matters indentified in the motion were discussed, NOW BE IT CERTIFIED, that only those matter s as were indentified in the motion were heard, discussed or considered in the meeting. Mr. Blaha made a motion and Mr. Kirkland seconded it. With Mr. Cunningham, Mr. Kirkland, Mr. Blaha and Mr. Hayes voting AYE the closed session was certified. PUBLIC HEARING Planning Staff Report File #: C-13-2 Applicants: Multiple, see Application Packet and agent, Iluka Resources Inc. CUP Request: To operate an open pit mineral sands mining operation with a wet mill concentrator site, and an initial tailings area (see attached CUP support document provided by the applicant) Property Address: Multiple Parcels in the Stony Creek area Tax Map Parcel # s: Multiple Parcels as described in the application packet Property Size: Approximately acres (the Concentrator and Tailings sites total approx. 371 acres) Current Zoning: Agricultural, General, A-2 Magisterial District: Sapony Planning Commission Mtg.: June 12, 2013 CUP REQUEST The applicant s, James Donnon Abernathy, Ronald C. Abernathy, Ronald Clyde & Kristen C. Abernathy, Ann Marie Adams, Robert Stanley Barnes, Virginia Bain Barnes & Judith Barnes Owen, William Carlton Bass, Butler Lumber Co., Inc., Clarke Dinwiddie Land Company, LLC, Clarke Royalty Company, L.P., Harry J. Edwards Jr. or Frances Rose Edwards, Sandra B. Harrison & Alice B. Spiers, John Robert Fraser Trustee of John Robert Fraser Revocable Trust et al, Thomas E. Johnson, Robert C. Perkins Farms, LLC, Carraway Mineral Company, Bonnie Sue Bain Thompson & John F. Bain Jr. & Ruby A. Lee Life Estate, and their agent, Iluka Resources Inc., are seeking a C onditional U se P ermit (CUP) to utilize the following described propert ies as a mineral sands mine with a new wet concentrator plant and initial tailings area. The properties encompass parcels totaling approximately 2,248 acres and are located north and south of Hwy. 40 in the Old Hickory area near Barnes Road, Bain Road, Jones Road, Courthouse Road, and Walkers Mill Road. The propert ies are designated as Tax Map Parcels 93-21F, 93-36, 93-34A, 84-21, 94-21, 94-15, 93-31D, 94-16B, 94-16, 94-26, 94-7, 84-23, 84-23A, 84-24, 94-11, 94-14, and and are zoned A-2, Agricultural General, which allows such use upon receiving a conditional use permit. Tax Map Parcels and 94-26, totaling approximately 371 acres, would house the wet concentrator plant and tailings area. The County s Comprehensive Land Use Plan places this property within the Rural Conservation Area which allows limited commercial, industrial development at the Ordinance defined density. BOOK 5 PAGE 3 JUNE 12, 2013

4 RELATED ATTACHMENTS CUP Application CUP Request Supporting Document (Furnished by the Applicant) OVERVIEW OF PROPOSED MINING OPERATION The proposed open pit mineral sands mining operation is a continuation of the existing mineral sands mining that has taken place in the Stony Creek area in the southeastern portion of the County under the existing Conditional Use Permit (CUP), C-95-2, that was approved by the Board of Supervisors on October 4, This existing mining operation is known as Old Hickory and encompasses approximately 1,700 acres located near the south of State Route 40 between I-95 and I-85 (please see Table 2 and Figure 4 in the CUP Support Document for the parcels approved under CUP, C-95-2). The mineral sands that are mined as part of this operation contain titanium and zircon. The mineral sands are found in this general area of the County west of Interstate 95. Currently in Virginia, there is a mineral separation plant in Stony Creek and two active mine sites, one in Greensville County and one in Dinwiddie/Sussex Counties which include a wet concentrator plant at each site. Reclamation, mining, and related operations are ongoing under the Virginia Department of Mines, Minerals and Energy (VDMME) permit, and the operations are in accordance with conditions of the existing CUP, C -95-2, and the conditions of the appropriate state and federal permits. As indicated in the CUP Support Document, Iluka is proposing to continue the mining and reclamation operation for mineral sands in Dinwiddie County area on parcels located within the previously approved CUP, C-95-2, as well as on the additional parcels made part of this application. As indicated in the CUP request summary support document, Iluka is proposing to construct a new wet concentrator plant and initial tailings area on Tax Map Parcels and for which Iluka is the contract purchaser (please see Figures 5 and 6 in the CUP Support Document). The actual mining method to be implemented on the subject parcels is similar to what was used at the existing Old Hickory operations, and if the CUP request is approved the current VDMME permit and operations plan is to be expanded to include the proposed new mine parcels. The mining process begins on a parcel by first installing the erosion and sediment control devices which include silt fencing, hay bales, diversionary berms, and sediment traps around the individual mine cells. The next step in the mining process involves clearing of vegetation with crops or timber harvested, followed by root-raking to expose the topsoil. The topsoil is then removed and used to create the required berms around the mine cells. The berms are also used for visual screening, noise attenuation, and dust suppression. The mining preparation activities are generally initiated from six to 24 months prior to excavation and the size of these mine cells varies based on the localized ore body. The ore body is a mixture of mineral sands (up to 5%), quartz sand (approx. 65%) and kaolinite clay (approx. 30%). The depths of the mining in a cell average from 30 to 35 feet, with maximum depths of 50 to 60 feet. The ore material is mined using an excavator (no blasting is used to extract the material) and the material is then placed into the mobile mining unit which mechanically breaks up clay and adds water to create slurry. The mining unit hydraulically pumps the slurry via HDPE piping system to a mobile trommel to screen out roots and oversized materials. Any water that is captured will be utilized for make-up water in the mining process. At this mobile-field trommel, rocks, gravel, roots, and clay balls are removed. Upon completion of the screening in the trommel, the ore is transported as slurry to the wet concentrator plant for final processing. Ultimately, after processing at the wet concentrator plant, the processed mineral sand is loaded onto trucks and hauled for processing at the dry-mill facility BOOK 5 PAGE 4 JUNE 12, 2013

5 located in Stony Creek, and it is estimated that there will be truckloads per day leaving the concentrator site. The tailing sands (tailings) are pumped back to the mine cells for use in reclamation activities. All water used in these processes is returned to the clarifying pond for reuse, with make-up water coming from capture of stormwater in the mine cell, surficial water table dewatering in the mine cell, decanting from reclamation activities, and other sources such as groundwater wells and surface water bodies. The post mine land use will return to the pre-mine agricultural use. The mine cell sites are to be reclaimed by revegetating the site using the methods described in the reclamation methodology report as set forth in the CUP Support Document provided by the applicant. ZONING ANALYSIS The properties surrounding the subject property include single-family residential dwellings, farms, crop land, and forestal land uses, and the properties are currently zoned A-2, Agricultural, General. The proposed mineral sands mining operation is to take place on the parcels listed in CUP Application, Exhibit A and as shown on the map in Exhibit B. The surrounding properties are zoned Agricultural, General, A-2, and Zoning Ordinance Section 22-75, Permitted Uses, (49) allows open pit mining with a conditional use permit. As designated by the Comprehensive Land Use Plan, the subject property is within the Rural Conservation Area. As such, the Comprehensive Plan states that this general area of the County is expected to accommodate limited commercial and industrial development at the Zoning Ordinance defined density. OVERVIEW OF IMPACTS The Virginia Department of Mines, Minerals, and Energy ( VD MME) will issue and oversee the required permit/license to operate the proposed mine. The mining operation will be subject to the conditions of the permit/license. Safety and reclamation practices are made a part of the permit as are periodic inspections by the operator and VDMME inspector. Public Utilities, School System, & Public Safety Impacts The utilities are handled on-site with a well and septic system for the wet concentrator site located at the property located on Jones Road. There are no impacts to the school system with the proposed mining operation. There are public safety issues involved with the proposed use, and the CUP conditions address the safety related impacts of the mining operation as do the Federal and State guidelines for mining operations. Dinwiddie Public Safety did not identify any specific public safety impacts that needed to be covered by specific conditions directly relating to Dinwiddie County Public Safety operations. Transportation Impacts The impacts on the transportation network are being addressed by VDOT through the commercial entrance permit process for the entrance to the proposed concentrator site as well as for any other mining related entrances that may require a VDOT entrance permit, and for any pipeline road crossings that may require permitting by VDOT. VDOT is reviewing the request to allow for a separate entrance and exit to the concentrator site. It is estimated that there will be a maximum of 90 vehicle trips per day at the concentrator site which include employee vehicle trips and hauling truck trips. BOOK 5 PAGE 5 JUNE 12, 2013

6 Prior to commencement of the mining operation and during the operation of the mine the applicant will comply with all VDOT permitting requirements and entrance design and construction requirements and specifications, including but not limited to driveway entrance alignments and design standards, sight line requirements including sight easements, and tapers and/or turning lanes. Other potential impacts are outlined in the applicant s CUP Support Document and include measures for protecting wetlands, upland communities, protected species, biological features, prime farmland, archeological/historical sites, and quality of life impacts such as site lighting, dust and noise. Staff has included related CUP conditions for addressing the impacts of the mining operation under the Staff Recommendation. SITE AND USE ANALYSIS Staff recommends that the request to operate a n open pit mineral sands mining operation to include a wet concentrator and tailings storage area on the subject A-2-zoned properties is an appropriate use of the properties, and given the configuration of the surrounding land uses and given the surrounding zoning pattern (predominant A-2 zoning) the use is appropriately located. Additionally, given that the County s Comprehensive L and Use Plan places the subject properties within the Rural Conservation Area of the Future Land Use Plan which allows for limited commercial, industrial development in this general area of the County at the Zoning Ordinance defined density, the location is appropriate. Planning Staff Recommendation: The staff reviewed the request for the conditional use permit and in addition to the conditions that the applicant suggested to address the impacts on the subject properties and surrounding area associated with the proposed open pit mineral sands mining operation staff has additional recommended conditions as set forth in the recommended CUP conditions below. Staff s recommendation of APPROVAL of the conditional use permit to allow the open pit mineral sands mining operation to include the wet concentrator plant and tailings storage areas is subject to the following conditions: CUP, C-13-2 Conditions: 1. Generally. The use of the property shall be limited to the open pit mineral sands mining operation to include the wet concentrator plant, tailings storage areas and associated transportation and which shall be subject to this conditional use permit. Open pit mineral sands mining and the associated processing and storage m ay occur only on Tax Map Parcels 93-21F, 93-36, 93-34A, 84-21, 94-21, 94-15, 93-31D, 94-16B, 94-16, 94-26, 94-7, 84-23, 84-23A, 84-24, 94-11, 94-14, and 84-26, as identified in the CUP application. T he wet concentrator plant and tailings storage areas are to be located only on Tax Map Parcels and Time and manner of operation. The day s and hour s of operation for mining and transporta tion to and from the mining sites and concentrator and tailings sites shall be 365 days per year and 24 hours each day. 3. Mining pits/cells ; depth s. The maximum depth of the mining pits/cell s shall not exceed sixty ( 60 ) feet as measured from the initial ground elevation above the bottommost point of the mining pit/cell. BOOK 5 PAGE 6 JUNE 12, 2013

7 4. No blasting allowed. No blasting shall be allowed on the mine site s as part of the mining operation. All mining shall be done utilizing excavators. 5. No public access. No public access shall be permitted to the mining, wet concentrator and tailings storage sites unless approved and accompanied by the mining operator. 6. Berms for mine sites /cells close to property lines. Mining sites /cells in close proximity to an adjacent property line that is not part of a parcel approved to be mined under this CUP and/or CUP, C-95-2, shall have an earthen berm buffer at or in close proximity to the mine pit /cell or mined site a minimum of three (3) feet in height and a minimum of four (4) feet in width at the top of the berm. Each berm shall be seeded. 7. Setbacks. Setbacks from road right-of-ways, property lines and residences will be based on Dinwiddie County Zoning criteria and VDMME criteria. 8. Hauling operations. A maximum of forty (40) truckloads of mined material to include sand, gravel, topsoil, overburden, spoils, and tailings shall be hauled from the concentrator and tailings site s each day (in a 24-hour period). The operator shall be required to make a daily inspection of the road within 200 hundred feet of any entrance to the mine, concentrator, and tailings storage sites and shall be required to sweep any debris within 200 hundred feet of any entrance to the aforementioned locations placed on the road by the hauling of sand, gravel, top soil, overburdens, oil, tailings, and other materials associated w ith the operation of the mining operation. The general haul route from the wet concentrator plant to the dry mill shall be as set forth in Figure 7 of the CUP Support Document that is made a part of the CUP request. 9. VDOT and/or County road maintenance issues. Coordination with the VDOT and Dinwiddie County shall be a continuous effort in order to preclude and/or correct any road problems arising from the mining operation. 10. VDOT entrance standards. The operator shall comply with all VDOT permitting requirements including entrance design and construction requirements and specifications, including but not limited to driveway entrance alignments and design standards, sight line requirements including sight easements, and tapers and/or turning lanes. 11. Soil productivity and soil stabilization. The mining operator shall consult with Virginia Tech or other soil and farming experts to address issues related to soil productivity and soil stabilization. 12. Wetlands. All wetland impacts will be properly permitted with the Virginia Department of Environmental Quality and U.S. Army Corps of Engineers with appropriate mitigation provided, if warranted year floodplain. The mining operator shall avoid impacting and strive to preserve the 100- year floodplain areas and shall use riparian buffers which are 50 feet wide along all sides of stream and wetland resources. 14. Animal habitats. Suitable animal habitats impacted by this project shall be returned to preproject conditions. 15. Well and well- field impacts. The mining operator shall develop a well mitigation plan to mitigate any impacts to adjacent property owners who are well water users, which shall include well repairs and well replacement with an equivalent or better well where any such issues are directly attributable to the mining operator s operations. 16. Quality of life impact reduction measures. Dust from the mining operations shall be suppressed using BMP s such as watering of roadways and open areas. Berms and vegetative buffers shall be incorporated into the wet concentrator plant site for aesthetics and noise attenuation. Flashing or strobe lights as well as directional back-up alarms shall be used during evening hours instead of Omni -directional back-up alarms to reduce evening noise. Directional lighting shall be used during evening hours and shall be directed inward and downward to the site to minimize off site glare to the greatest extent possible. BOOK 5 PAGE 7 JUNE 12, 2013

8 17. Signage. The applicable s ignage must be maintained on all four sides of the property being mined. 18. Permits, reports, etc. a. All applicable federal, state, and local permits shall be obtained and filed with the Dinwiddie County Planning Department prior to commencing operations. This conditional use permit is effective only upon receipt by the Dinwiddie County Planning Department of all such permits. b. All applicable federal, state, and local permits shall be maintained in good standing by owner/operator. Owner/operator shall provide copies of such permits to Dinwiddie County Planning Department during operations. Failure to maintain all applicable permits shall be grounds for revocation of this conditional use permit. c. Copies of violations and/or reports to or from applicable federal and state agencies shall be made available to Dinwiddie County upon request of the County. 19. Compliance with laws. All operations pursuant to this conditional use permit shall be conducted in compliance with all applicable federal, state and local laws and regulations. 20. Annual review. This conditional use permit shall be reviewed a minimum of once per calendar year to evaluate compliance with conditions contained herein. PLANNING COMMISSION ACTION Since this is a zoning matter, the standard statement regarding Planning Commission action on this zoning matter must be read. In order to assist, the following motion is attached as follows: BE IT RESOLVED, that in order to assure compliance with Virginia Code Section (A) (7) it is stated that the public purpose for which this Resolution is initiated is to fulfill the requirements of public necessity, convenience, general welfare and good zoning practice, I move that conditional use permit request C-13-2 be recommended for (approval with conditions OR disapproval) as presented to the Board of Supervisors. Mr. Bassett concluded his presentation by saying we do have a list of conditions that staff is recommending to the planning commission, but staff would not like to cover them at this time. He said staff would like for the applicant to present their request so that they c ould cover the actual mining operation and the things related to it in more detail. Mr. Bassett said staff would then follow the applicant and go over the conditions at that time. Mr. Tim Ric h t e r, the se nior project manager for Iluka R esources, said he was hire d to bring this project to fruition. Tonight I will give you a presentation on what you may or may not know. Mr. Richter said he wanted to introduce Mr. Steve Adams who was with him this evening. He said Mr. Adams works with Kleinfelder. Kleinfelder is Iluka s environmental permitting group and they have been working with Iluka through several projects within the County for the last fifteen years. Mr. Richter and Mr. Adams then gave a short but informative presentation before entertaining questions from the Commissioners. Mr. Cunningham s aid he had several questions. The first question is whether the hours of operation will be the same as the existing Old Hickory site. Mr. Richter said we will be mining 365 days a year, 24 hours a day. However, the truck traffic will be limited to the hours of 6a.m. to 7p.m. BOOK 5 PAGE 8 JUNE 12, 2013

9 Mr. Cunningham said, in regards to entering and exiting the site, how are and when are daily inspections done? Mr. Chuck Stilson, Iluka s U. S. mine manager, said inspections are done every day and sweeping is done when it is necessary. There is a local farmer who has a sweeper and broom that comes whenever we call. Mr. Cunningham asked if they had any records of lost or restricted duty incidents at the mine site over the last five years. Mr. Stilson said he doesn t have any with him, but we have had a good record at our mine sites. He said he could only recall two lost time incidents in the last two years and they were for minor incidents. Mr. Cunningham said as it relates to road impacts. Who is responsible for the cost of maintaining and repairing any damaged roads? Mr. Stilson said as to the maintenance of the roads, our permits with VDOT address the enterin g and exiting of the property. Mr. Cunningham said as it pertains to wells, have there been any problems with the existing site s where they caused problems with the surrounding land owners. Mr. Stilson said we have mine d about fifteen years in this area and only three times has someone been affected. When someone makes a complaint we go to the site to check out the problem. If it s determined we caused the problem we fix it. For example, if someone s well has gone dry we call the local well driller to come and inspect the situation. If it s determined we are at fault we dig another well. Mr. Cunningham said as far as land reclamation w it h th e Old Hickory site is concerned h ave there been any customers who were not satisfied? Mr. Stilson said the state and the farmers in the area seem to be pleased with our reclamation efforts. Mr. Kirkland asked if the sixty feet depth is the normal depth that Illuka mines. Mr. Stilson the depth of the mining is determined by how deep the mineral is in the grou n d. Typically our mining depth is thirty feet. But a fter we had finished our test drilling, to this site, it was determined that some areas had min eral sixty feet in the ground and that is why we requested sixty feet. Mr. Blaha asked when you mine do you mine every bit of the land that s minable or do you pick pockets. Mr. Stilson said when we get onto the parcel we mine everything that i s economic that s not constrained. Mr. Hayes asked if there has been any thought given to getting water from any other source except wells. BOOK 5 PAGE 9 JUNE 12, 2013

10 Mr. Stilson said for this site the preferred cho ic e is wells. winter or long drought times in the summer. Drawing from the river would be more for Mr. Hayes asked if there was going to be a significant increase of decrease in the traffic associated with this operation. Mr. Richter said the biggest change would be the m a jority of Walker s Mill Road that presently has truck traffic coming from the Concord opera tion would no longer see trucks. There will just be trucks fo r the short distance from Jones Road up to Route 40. That would be the benefit to those south of the Road because they would not see the trucks, but north of Jones Road intersection would be about the same. Mr. Kirkland asked if the contour of the terrain after mining will be brought back as close as possible to the existing contour before the mining. Mr. Stilson said since we keep so little of the material in the mine we refill the pit with what we call tailings, which is all the material we don t keep. This allows us to return the land surface close to what it was before we mined it. On average it is a couple of feet higher because the clay swells causing there to be more volume to put back in the hole. Mr. Blaha asked if the land will settle after the clay dries out. Mr. Stilton said we work hard to ensure that all the sett ling happens during the reclamation process. That is part of the five year process we mentioned in our report. Mr. Blaha asked if the slopes are put back in the property or is the property made a flat plain. Mr. Stilton said we generally try to mimic the pre-existing topography. If there were slopes or rolling low hills when we started that is what we try to have when we are finished. Mr. Cunningham asked if we should address the changes to the conditions before moving to the public comment portion of the meeting. Mr. Southall said it would be better to do it before moving to the public comment portion of the meeting. This would give the public an opportunity to comment on any changes that were made. The Chairman asked Mr. Bassett if he would present those changes to the Commissioners. Mr. Bassett said the first change involves Condition 3 where it says the mining pits/cell s shall not exceed sixty (60) feet. The applicant would like for it say the mining pits/cell shall average a depth of sixty (60) feet or less. After some discussion condition 3 was written to say; The maximum depth of the mine pit/cells shall not exceed seventy five (75) feet as measured from the initial ground elevation above the bottom most point of the mining pit/cells although greater depth shall be permitted for reclamation purposes. Mr. Bassett said the second change involves Condition 4 where it says excavators. The applicant would like for it to say earth moving equipment. BOOK 5 PAGE 10 JUNE 12, 2013

11 Mr. Bassett said the third change involves Condition 8 where it says forty (40) truckloads of mined material. The applicant would like for it to say a maximum monthly average of fifty (50) product truckloads of mining material per day. Mr. Cunningham suggested that a start time and finish time, for the trucks hauling material, be added to this condition. The applicant agreed to add a line at the end of the condition that says, Hauling operations shall be confined to the period from 6am to7pm daily. Mr. Bassett said the f o u rth change involves Condition 1 3. The applicant would like to add strive to in front of the word avoid on the first line. Mr. Bassett said the fifth change involves Condition 14 and the applicant would like this Condition to read: Shall be restore d in accordance with appr oved p o st - mining land use by the Virginia Department of Mines Minerals and Energy. Mr. Bassett said the sixth change involves Condition 16. Staff will add after the second sentence the following language.,including but not limited to a berm ten (10) feet tall with landscaping on the Jones Road side shall be constructed between the two truck entrances at the concentrator site. Mr. Bassett said the s even th change involves Condition 18b. The applicant would like for th e words during operation at the end of the second sentence to be replaced with the words upon request. Mr. Bassett said the eighth change involves Condition 20. The applicant would like to add by the Planning Director or his designee after the word reviewed on the first line. Mr. Blaha asked the VDOT representative and the V DMME representative if they have heard anything tonight that s different from what they original thought would go on with this operation. The VDOT representative and V DMME representative said they have not heard or seen anything that would change what they originally thought would take place. The Chairman gave a five minute recess before proceeding. After returning from the recess, t he Chairman said if there are no more questions for Mr. Bassett or the applicant he was opening the public hearing portion of the meeting. Thomas Johnson McKenney Hwy Stony Creek VA said he is in support of Iluka getting their Conditional Use Permit. They are an upright company and they keep their word about doing what they said or what they are asked to do. Anne Adams Orange Road Dinwiddie VA said she is in support of Iluka getting their Conditional Use Permit. They have always done exactly what they said they were going to do. They have always held up their end of what needs to be done. Cindy Ramon Jones Road Stony Creek VA said she isn t totally in agreement with Iluka getting their Conditional Use Permit. The permanent building will be directly across from my front yard. I have met with them about that and they have listened to my concerns. I still have a problem with this a building and a berm being directly across from my front yard. BOOK 5 PAGE 11 JUNE 12, 2013

12 Randolph Carraway Walkers Mill Road Stony Creek VA said he had a few things he wants the Commissioners to ask themselves concerning this project. I would like for this commission to put a height restriction on how high the mounds of material can be. I would like for this commission to put a height restriction on the concentrator plant. I would like for this commission to set a date when the concentrator plant must be dismantled. I would like for this commission to consider having the applicant put a berm to the south and east of the concentrator plant. Karen Hamilton Jones Road Stony Creek VA said she is not in support of the Conditional Use Permit for Iluka. If this project is not going to be so bad, as stated in their presentation, why we re we not informed of that? How will this project affect our wells, water levels and ponds? I drive a s chool bus and often have tried to pass trucks on some of these back roads and it was too close for comfort. Mike Atkinson Rainey Road Dinwiddie VA said he i s in support of the Conditional Use Permit for Iluka. I use to farm and help farm most of the land Iluka has mined and is going to mine. They are a great company to work for and they have three values that they stand on, which I believe makes this company so strong, and they are safety, environment and community relations. Ron Abernathy Courthouse Road Stony Creek VA said he is in support of the Conditional Use Permit for Iluka. I have been watching how they have been operating over the last fifteen (15) years and I have been impressed. They truly have shown concern for the people and the community in which they operate. Adam Haywood 2702 Amherst Ridge Loop Colonial Heights VA said he is in support of the Conditional Use Permit for Iluka. I have been with Iluka for five (5) years. My experience with them started when I took a field trip to Iluka. After doing other jobs I finally decided to come and work for them. They have helped me to get my M aster s from VCU and they continually bring in summer interns who have an interest in becoming mining engineers. George Tucker Hunnicut Road Dinwiddie VA said he is in support of the Conditional Use Permit for Iluka. They are a wonderful company to work for and they do just what they say they are going to do. After one of our bad ice storms I had no power and nowhere to go, t hey put me up in a hotel. They did not have to do it. That was Iluka showing they cared. The Chairman said since there is no one else signed up or present who wants to speak, he was closing the public hearing portion of the meeting. He asked the commissioners if they had any other questions. Mr. Cunningham asked Mr. Richter if he wanted to comment on any of the concern s that the citizens mentioned. Mr. Richter said we are in the detail design phase at this time and we are working hard trying to anticipate many of the concerns the citizens may have. I can tell you that we will try and keep the lighting at a low impact. We are specifying to the contractors to minimize the brightness of the lights and if there is a light that is visible above the berm we will do something about it. As to the noise, we will do all we can to keep it palatable to the citizens. H owever, we are held under state and federal regulations that require us to make it so audible that everyone is safe at all times when equipment is in operation. With respect to the height of the building, we will abide by the Dinwiddie County zoning requirements. As for the berm that will be on Jones Road, we for e see the height being ten (10) feet. This means that if you were across the street you would not see the bottom thirty (30) feet of operation. BOOK 5 PAGE 12 JUNE 12, 2013

13 You would only see the top of the stacker and the top half of the building. As for the berms on the south and east of the property, that is the lowest point of the topography. All the storm water drains in that direction, which makes it very difficult to put berms there. That is why we have positioned our retention ponds on that side. Mr. Kirkland asked Mr. Richter if there would be any impact to the ponds that are close ly located to some of the areas that will be mined. Mr. Richter said if we mined all the way up to the property line there may be some impact depending on the dip of the water that leaves during dry season, but we have required setback s by DMME and those setbacks prevent our retention pond water from going into ponds located near the site. Mr. Blaha asked Mr. Bassett if anyone has done a study how this kind of mining affects land values of adjoining property owners. Mr. Bassett said he has not performed a study. The Chairman said if they are no other questions he would entertain a motion. Mr. Cunningham made a motion and read the following: BE IT RESOLVED, that in order to assure compliance with Virginia Code Section (A) (7) it is stated that the public purpose for which this Resolution is initiated is to fulfill the requirements of public necessity, convenience, general welfare and good zoning practice, I move that conditional use permit request C-13-2 be recommended for approval with amended conditions to the Board of Supervisors. It was seconded by Mr. Blaha with Cunningham, Mr. Kirkland, Mr. Blaha and Mr. Hayes voting AYE the conditional use permit was approved. COMMISSIONERS COMMENTS Mr. Cunningham said he appreciated everyone coming out and being patient with our process. Mr. Kirkland said he wanted to thank everyone for coming out and expressing their concerns about this project. Mr. Blaha s aid he too would like to thank the citizens for coming especially the ones who spoke. The comments of support or non support are always decided by what side of the fence you are on. What needs to be remembered is the County has rules and regulations that they must consider when making decisions. He said with that said, we have probably made that best decision we could. PLANNING DIRECTOR S COMMENTS Mr. Bassett said he and Mr. Southall met with the Board of Supervisors at their March workshop meeting and discussed with them at length about the County s current Proffer P olicy. They have asked staff to come up with a Resolution related to lowering the cash proffer amount. ADJOURNMENT There being no further business Mr. Cunningham made a motion to adjourn the meeting and Mr. Kirkland seconded it with all members voting Aye the meeting adjourned at 10:00 p.m. BOOK 5 PAGE 13 JUNE 12, 2013

14 Respectfully submitted, Mark Bassett Planning Director Signed: Planning Commission Chairman Dated: BOOK 5 PAGE 14 JUNE 12, 2013