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71-82CS ~_% I~~5 *For Loffice~ u~ onl~ ~ ~F' *c~s~ ~o.~ ) ~ ~. · *REview ~ p.c. ~ , , · following info~atlon is to be typed or tinted 1) A) NAME OF APPLICANT: Warren Brothers Company, a division of Ashland o-~i;~,~o.... _ ................. .... ~ B) MAILING ADDRESS: c/o Linwood E. Toombs, Attorney, 1008, 700 'BUilding, Ricnmo~d~ virginia Z~Zi~ ' C) TELEPHONE NO.: 643-5326 D) NAME OF PRESENT OWNER OF PROPERTY ON WHICH THIS REQUEST WILL OCCUR: Linwood F. Belcher and Carrie C. Belcher E) MAILING ADDRESS: Route 2, Box 8, Chesterfield, Virginia 23832 F) TELEPHONE NO.: 748-2596 2) IF THE APPLICANT IS NOT THE OWNER OF THE PROPERTY IN QUESTION, EXPLAIN: (Copy of pending contract or option agreement shall be attached hereto and made a part: of this application.) .. War_re.n' Brothers Company has. an option ~on. subject property for PurPoSe of extracting material. If option is exercised, Warren Brothers Company anticipates moving its entire operation to this site. 3) LOCATION OF PROPERTY IN QUESTION (Following information to be obtained by the applicant from the Office of the County Assessor) A) MAGISTERIAL DISTRICT Clover Hill B) TAX MAP NO. 77 C) SEC. NO. D) SUBDIVISION NO. E) BLOCK NO. F) LOT OR PARCEL NO. 36 G) STREET ADDRESS A PLAT OF THIS PROPERTY SHALL BE ATTACHED HERETO AND MADE A PART OF THIS APPLICATION SHOWING THE FOLLOWING: LOCATION BY REFERENCE TO NEAREST ROAD INTERSECTION DIMENSIONS OF SITE (PAGE 1) 4) THE PETITIONER REQUESTS THAT THE ZONING ORDINANCE BE AMENDED TO 5) 6) RECLASSIFY THIS PROPERTY FROM A-agricultural ~ TO M-Industrial NO./NAME ~' NO.~NAME~ STATE THE REASON FOR THIS REQUEST: .APplic~ant ..p.!~.ans' a quarryinq. ~nd __ asphalt plant operation in coD~ection with its business as a Highway Contractor. Applicant also intends to establish its company headquarters on this site, moving all of its equipment, ' Sto~ag~e and office f'acilitie~ to t~is £0cat/~n, ............ STATE HOW THIS REQUEST WILL NOT BE MATERIALLY DETRIMENTAL TO THE ADJACENT PROPERTY OWNERS OR THE SURROUNDING NEIGHBORHOOD: There are no homes within close prgximity.t? this, propert~ and spplicant's operation will. not be detrimental to any property owners. STATE ANY EXISTING USE PERMIT OR VARIANCE GRANTED PREVIOUSLY ON THE PARCEL IN QUESTION: None known to applicant. 8) EXISTING LAND USE:._Farm and sinqle family, resident:of owner of subject proDert¥. (PAGE 2) 9) GIVE NAMES OF ALL OWNERS ADJACENT, ACROSS THE ROAD OR HIGHWAY AND FACING THE PROPERTY AND ANY OWNERS ACROSS ANY RAILROAD RIGHT OF WAY FROM SUCH PROPERTY. IN THE EVENT'THE PROPERTY AFFECTED IS SITUATED AT OR WITHIN 100 FEET ON THE-INTERSECTION OF ANY TWO OR MORE ROADS OR !HIGHWAYS, AT OR WITHIN ONE HUNDRED FEET OF THE INTERSECTION O~ ANY ROAD OR HIGHWAY WITH A RAILROAD RIGHT- OF-WAY OR AT OR WITHIN ONE HUNDRED FEET OP THE INTERSECTION OF ..THE RIGHTS-OF-WAY OF ANY TWO RAILROADS, GiVE NAMES OF PROPERTY OWNERS AT ALL CORNERS OF ANY SUCH INTERSECTION. A) PROPERTY OWNER'S NAME: Harvey 12. and Lola l~rtle L. 12rost£c MAILING ADDRESS: BOx 37,Route 2 , Chesterfield Va. 23832 TAX MAP NO.: 76 SEC. NO.: SUBDIVISION NO.: BLOCK NO.: LOT OR PARCEL NO.: 24 B) PROPERTY OWNER'S NAME: MAILING ADDRESS: TAX MAP NO.: 76 BLOCK NO.: Helena S. Avery Route 2, Box 9, Chesterfield, Va. 23832 SEC. NO.: SUBDIVISION NO.: LOT OR PARCEL NO.: 25 C) PROPERTY OWNER'S NAME: Pelem and Bonnie Kiser D) MAILING ADDRESS: TAX MAP NO.: 63 BLOCK NO.: Box 464, Route 2t Chesterfield, .Va,. 23832 SEC. NO.: SUBDIVISION NO.: LOT OR PARCEL NO.: 15 PROPERTY OWNER'S NAME: MAILING ADDRESS: TAX MAP NO.: 77 BLOCK NO.: Vivian H. Belcher Box 54, Route 3, Chesterfield, Va. 23832 SEC. NO.: SUBDIVISION NO.: LOT OR PARCEL NO.: 33 (PAGE E) PROPERTY OWNER'S NAME: Louisa ~nd Marie M. McDaniel MAILING ADDRESS: Route 2, Box 11, Chesterfield, Va. TAX MAP NO.: 77. SEC. NO.: SUBDIVISION NO : BLOCK NO.: LOT OR PARCEL NO.: 17 23832 PROPERTY OWNER'S NAME: MAILING ADDRESS: TAX MAP NO.: 77 BLOCK NO.: Malinda Salle, et als Box 534, Route 2, Chesterfield, Va. 23832 SEC. NO.: SUBDIVISION NO.: LOT OR PARCEL NO.: 16 PROPERTY OWNER'S NAME: MAILING ADDRESS: TAX MAP NO.: 77 BLOCK NO.: Helen O. P. Holt Route 2, Chesterfield, Va. 23832 SEC. NO.: SUBDIVISION NO.: LOT OR PARCEL NO.: 15 H) PROPERTY OWNER'S NAME: MAILING ADDRESS: TAX MAP NO.: 77 BLOCK NO.: Ray E. and Ruth Kiser 4833 Westridge Dr., Charlotte, N. C. 28208 SEC. NO.: SUBDIVISION NO.: LOT OR PARCEL NO.: 4 - 1 J) I) PROPERTY OWNER'S NAME: Albert S, Marks, Jr. MAILING ADDRESS: TAX MAP NO.:__ 77, BLOCK NO.: SEC. NO.: ........ SUBDIVISION NO.: LOT OR PARCEL NO.: 4 PROPERTY OWNER'S NAME: Walter G. ~very MAILING ADDRESS: C/O Helena S. Avery., Box 9, Route 2, Chesterf. ie]d,Va. 23832 TAX MAP NO.: 77 SEC. NO.: SUBDIVISION NO.: BLOCK NO.: LOT 0R PARCEL NO.: 38 (PAaE ~) E) PROPERTY OWNER'S NAME: Helena S, Avery MAILING ADDRESS: .... BOx 9, Route. 2 Chesterfield. Va. TAX MAP NO.:. 77 SEC. NO.: SUBDIVISION NO.: BLOCK NO.: LOT OR PARCEL NO.: 37 23832 F) PROPERTY OWNER'S NAME: Vernelle P. Spears MAILING ADDRESS: 4347 J~lee Drive~ R±~hmond~ Va. 2~2~4 TAX MAP NO.: 77. SEC. NO.: SUBDIVISION NO.: BLOCK NO.: LOT OR PARCEL NO.: 39 G) PROPERTY OWNER'S NAME: Vernelle P. Spears MAILING ADDRESS: TAX MAP NO.: 77 BLOCK NO.: 4347 Jalle Drive, Richmond, Va. 23234 SEC. NO.: SUBDIVISION NO.: LOT OR PARCEL NO.: 40 H) PROPERTY OWNER' S NAME: MAILING ADDRESS: TAX MAP NO.: 77 BLOCK NO.: Vivian H. Belcher winter~ockr virqinia SEC. NO.: SUBDIVISION NO.: LOT OR PARCEL NO.: 34 I) PROPERTY OWNER'S NAME: MAILING ADDRESS: TAX MAP NO.: BLOCK NO.: SEC. NO.: SUBDIVISION NO.: LOT OR PARCEL NO.: PROPERTY OWNER'S NAME: MAILING ADDRESS: TAX MAP NO.: BLOCK NO.: SEC. NO.: SUBDIVISION NO.: LOT OR PARCEL NO.: (PAGE 4) 10) THE APPLICANT HEREWITH DEPOSITS THE SUM OF TWENTY DOLLARS ($20.00) ATTACHED TO THIS APPLICATION, TO PAY THE COST OF ADVERTISING NOTICE OF THE HEARING OF SAID BOARD TO ACT ON THIS REQUEST. CHECK OR MONEY ORDER MUST BE MADE PAYABLE TO: TREASURER~ COUNTY OF CHESTERFIELD. I/WE HEREBY DEPOSE AND SAY THAT ALL OF THE ABOVE STATEMENTS AND THE STATEMENTS CONTAINED IN ANY EXHIBITS TRANSMITTED ARE TRUE. WARREN BROTHERS COMPANVf, a division of Ashla_n~d Oil,In¢.~~$x~~ SI~AT£URE OF APPLICANT (Same name as used in item l-A, page 1.) SUBSCRIBED AND SWORN TO BEFORE ME THIS ~ ,DAY OF ~ 19~'__~ (PAGE 5) T. DIX SUTTON LINWOOD E. TOOMBS SUTTON AND TOOMBS ATTORNEYS AT LAW SUITE 1008 700 BUILDING RICHMOND, VA. 23219 October 11, 1971 7/- Planning Commission County of Chesterfield Chesterfield, Virginia Re: Clover Hill Magisterial District Tax Map Sec. 77 parcel 36 Land of Linwood F. Belcher and Carrie C. Belcher Chesterfield County, Virginia Gentlemen: This is to advise that we are hereby withdrawin~ the above referenced Applications for Use Permit and ZOning Request and you are further advised that the attached letter has this day been mailed to all parties listed in the applic- ations as adjoining property owners. WARREN BROTHERS COMPANY, a division of Ashland Oil, Inc. dg Encl. Linwood E. Toombs, Attorne~j T. DIX SUTTON LINWOOD E. TOOMBS SUTTON AND TOOMB~ ATTORNEYS AT LAW SUITE 100~ '700 BUILDIFIG RICHMOND, VA. 23219 October 11, 1971 Harvey C. Crostic Lola Myrtle L. Crostic Box 37, Route 2 Chesterfield, Virginia 23832 AREA (:ODE 703 Ray E. Kiser Ruth Kiser 4833 Westridge Drive Charlotte, North Carolina 28208 Helena. S. Avery Route 2, Box 9 Chesterfield, Virginia 23832 Pelem Kiser Bonnie Kiser ROute 2, Box 464 Chesterfield, Virginia 23832 Vivian H. Belcher Box 54, Route 3 Chesterfield, Virginia 23832 Louisa McDaniel Marie M. McDaniel Route 2, Box 11 Chesterfield, Virginia 23832 Malinda Salle, et als Box 534, Route 2 Chesterfield, Virginia 23832 Albert S. Marks, Jr. Midlothian, Virginia Walter G. Avery c/o Helena S. Avery Box 9, Route 2 Chesterfield, Virginia 23832 Helena S. Avery Route 2, Box 9 Chesterfield, Virginia 23832 Vernelle P. Spears 4347 Jalee Drive Richmond, Virginia 23234 Vivian H. Beleher Winterpock, Virginia Helen O. P. Holt Route 2 Chesterfield, Virginia 23832 ;TO.: ALL PROPERTY OWNERS ADJOINING LAND OF LINWOOD F. BELCHER AND CARRIE C. BELCHER, DESIGNATED AS A PART OF PARCEL NO. 36, TAX'MAP NO. 77, CLOVER HILL, MAGISTERIAL DISTRICT, CHESTERFIELD COUNTY, VIRGINIA: YOU are hereby advised that the above Application for Use Permit and Zoning Request has been withdrawn from further consideration by the Chesterfield Board of Supervisors. WARREN BROTHERS COMPANY, a division of Ashland Oil, Inc. L£nwOOd E. Toombs, Attorney Q T. DIX SUTTON LINWOOD F- TOOMBS SUTTON AND TOOMBS ATTORNEYS AT LAW SUITE ?00 BUILDING RICHMOND, VA, 2:32 October 11, 1971 Planning Commission County of Chesterfield Chesterfield, Virginia Clover Hill Magisterial District Tax Map Sec. 77 parcel 36 Land of Linwood F. Belcher and Carrie C. Belcher Chesterfield County, Virginia Gentlemen: This is to advise that we are hereby withdrawing the above referenced Applications for Use Permit and Zoning Request and you are further advised that the attached letter has this day been mailed to all parties listed in the applic- ations as adjoining property owners. WARREN BROTHERS COMPANY, a division of Ashland Oil, Inc. dg Encl. Linwood E. Toombs, Attorney T. DIX ]SUTTON LINWOOD £ SUTTON AND TOOMBS ATTORNEYS AT "ZOO BUILDING RICHMOND, VA. ~ctober 11, 1971 '703 Harvey C. Crostic Lola Myrtle L. Crostic Box 37, Route 2 Chesterfield, Virginia 23832 Helena. S. Avery Route 2, Box 9 Chesterfield, Virginia 23832 Pelem Kiser Bonnie Kiser Route 2, Box. 464 Chesterfield, Virginia 23832 Vivian H. Belcher Box 54, Route 3 Chesterfield, Virginia 23832 Louisa McDaniel Marie M. ~cDaniel Route 2, Box 11 Chesterfield, Virginia 23832 Malinda Salle, et als Box 534, Route 2 Chesterfield, Virginia 23832 Ray E. Kiser Ruth Kiser 4833 Westridge Drive .0 Charlotte, North Carolina 28208 Albert S. Marks, Jr. Midlothian, Virginia Walter G. Avery c/o Helena S. Avery Box 9, Route 2 Chesterfield, Virginia 23832 Helena S. Avery Route 2, Box 9 Chesterfield, Virginia 23832 Vernelle P. Spears 4347 Jalee Drive Richmond, Virginia 23234 Vivian H. Belcher Winterpock, Virginia Helen O. P. Holt Route 2 Chesterfield, Virginia 23832 ,TO: ALL PROPERTY O~NERS ADJOiNfN'G I~D oF' ~iNWOOD ~-:-B~LC~]{ AND C~gl{I~. C. B~-LC~.R, D~.$IGNA~P.D AS A ~AR~ OF ~ARCEt NO. TAX MAP NO. 77, CLOVER HILL, MAGISTERIAL DISTRICT, CHESTERFIELD COUNTY, VIRGINIA: YOU are hereby advised that the above Application for Use Permit and Zoning Request has been withdrawn from further consideration by the Chesterfield Board of Supervisors. WARREN BROTHERS COMPANY, a division of Ashland Oil, Inc. dg Linwood E. Toombs, Attorney THiS AGREEM~, made in duplicate original, this day of , 1971, by and Detween LINWOOD C~E C. BE~R, hulb~d ~d wife, he~inlf~er the first ~ios, ~d ~~ B~~ CO~Y, a ~visi~ of ~AI~4 0il ~4 Refining C~y, hereinafter ~1184 the ~euond party. WIT~SS~TH ~tEREAS the Owners have represented to Buyer ~hat they own . g~, m~kmt~le, fee m~ple title to the foll~ing ~suri~d Rropert~ (hereinafter referred to A ~ion of a 150 acre par~l lying Chesterfiel~ Co~ty, Virginia~ said ~ion being ~mrked ~ ~d on the accomp~ying plat, which plat is intended to ~ a part of this agreeing, ~co~e~ herewith. Said ~o~ion dms=r~be~ as follows = BEGIN~JXNG at a corner pasture fence post located 190' southwest of a spring marked "Q" on ~he afore- mentioned ~lat; ~hence in an easterly dire~lon along s~d pas~u~ fence from ~e begi~g to ~e no~h- ~stern oo~r Of a hay b~; thea~ the s~e lane e=tended along the fen~ easterly 13 feet pasture fence post; thence t~n~g ~d ru~in~ south- easterly a~ross a spring stre~ ~ a ~i~ road; ~tng a~d manning northeasterly along said ~ i~n pin; thence N54 ~2' ~ 111' to a pin; ~hence ~6 ]/4· E 640' to the ~nter l~e of Swif~ C~ek; then~ along said ~nter line as it ~ders ~ a dire~ion 2380' =o a point; thence S26· w 380' to a stye; then~ $40 1/2· W 290' to a stake; ~henc~ N65· W 244' to a pine~ t~n~ S22· W 369' along ~ old road trail to a ~oin=; t~aoe $39 1/2· w !00' to a ~hen~ S14 1/4' W 91' ~o ~he afo=e~ntione4 t~nce ~ 190' tO the point ~ ~laoe of Or ae may ~ shown on ~y fu~u~ plat %hat mede, whl~ will ~c~ a part he.of u~on s~g~d by the pa~es hereto w~%h a ~ferenoe ~o ~ls agreement ~ing placed the=eon; and WHEREAS the Owners desire and agree to grant to Buyer the rights, privileges an4 optione respecting t~e Tract hereinafter Met forth: -2- r~ nd pr~v~b~ of entez~g ~on t~ Trac~, ~d o~ ~ing ~ereon su~ e~yeos, materials ~d equA~n~ ~d date he~o~ ~d end~nv ~ t~ lgth day of Sep~e~r, pupae o~ aa~a~n~g g~ q~i~y ~d qual~y of grail ~d atone ~n~ained An t~ 2. ~he ~rl do also henbM vr~ unto exclusive opti~ to ha~, use ~d ~m~p~ t~ Tract, ~d excavate, pro. ss ~d r~ve ~he sand, ~a~l. nd stye ~d ~efr~, u~n ~e foll~Ang te~e ~d (a) ~ order ~ exercise o~d ba~ option, ~uyer s2all q~ w~ttea notice ~he~o~ ~o ~e ~M~t ~ Or ~fore the let::, da~ of ~ua~, 1~72, w~ not~oe s~all ~ ~e~d ~ be g~ven ~f when ~live~d An ~Eo~ to one o~khe ~rs, age p~p~d, addressed to one .0~ th2, ~rs ac his o~ her address ah~ ~1~. beginning on ~he ~th day o~ ~y, 1972, and ending re~al of all the I~d, ~a~l ~d sto~ vhi~ Buyer dee~ co~rcially p~a~ic~le to re.ye ~e T~aot. Xn t~ e~n~ ~1 lu~ t~d, grail -3- s~:one shall not have boon removed by Juyer pr~or to ~he ~d o~ s~d ~e~, sa~d ba~ t.m, for tvs i~ttt~aX perX~, o~ ZO prac~alb~e to n~e fr~ ~Ao ~a~. ~ o~ to exten~ t~e or~~ or oxten~O term, ~uyer g~ ~tten no~c~ of ~ ele~on ~ ~rs at least thl~y (30) days prior ~o t~ end of shall be dee~d to ~ given i~ ~d w~n delAve~d ~F~n ~o o~ of ~ ~rs, or deposA~e~ in ~e ~i~ed S~a~o ~gis~eFed m~X, ~s~e p~paid~ a~aaed ~o ~e o~ ~he Ow~s at h~o or her add. ss sh~ ~1~. (e) ~r~g t~ lease ~e~, or ~y extra,on and occupy t~ TE~G~, ~ pla~, e~ct, ~d o~rt~ on t~ Tr~ (~d ~f t~e Xs ~y water c~CX~OUS f~A1Lties aa Buyer ~y ~em adriatic (all of whA~ t~reof, nay ~ re~ ~y ~uyer from ~he lease te~, or ~ny oxtenl~ ~of) fr~ ~i~ ~o t~, l~ l~d, gravel, Ito~ ~d other ~rLals as Buyer ~y ~sire, -4- (d) During th~ lease term and any extensi~n the~of, Burr shall have the right to age, for Tra~, ~or ~e ~fit of ~toelf i~s ~loy~s ~d ~vitees, ~e foll~inq r~ght oE way, Buyer shall have t~ r~qh~ to pla~ thereon 8uoh right of way suit~e for use ~[ ~cks and other vehicles ~ Al~g ~d over a ~hirty E~t di~ road dive.ion f=o~ a point al~ the line of Oualla Ro~d~ said point bein~ of ~ 311.8~' dist~t ~zom the ~nte~ of ~wift C=eek as sh~n on a ~lat of ~eoo=ded in the ~sterfield County Cou~ Cterk'a Offi~ in ~e~ ~ok 95~ ~5~ or as ~Y be sh~n on ~y f~tu~ plat that may ~e made, ~hich wall ~~ he~eo~ up~ being si~ned by 2he parties ~ng placed ~e~on. (e) Should Buyer exercise the o~lon herein q~ted, Buyer shall pay to the ~ners, and o~penaation ~o~ all the rights, p~ivlle~s and he. fits hereim q~ted to ~uyer the $10,000.00 c~h, pay~le along with the notice ~uyezs election to exercise the optl~ grated tn, plus t~ s~ of ~500.00 per ~nth beqinnin~ the fat Say ot J~e, 1972 ~nd on ~he 1st day of each ~nth the~ealter until the e~i~ation of the oziqinal tern o~ extension thereof, or unhil Buyer notifies ~e ~s in ~ri~ing that B~vaz has fini~ed the ~al of s~d, gravel and stone ~ ~ which notice shall ~ d~d to De given if and when delivered in ~rson to one o~ t~ ~ne~s, or ~ t~ United sta~es ~egtsterad mail, postage p~epaid, a~ssed to one of the ~ners at his or ~r address sho~n beXow. The cash and ~nthly pay~nts as set -5- £orth here~n shall be son. Adored as advenoo as set ~o~ ha~. ~ or ~u~ t~ 20~ ~ o~ tenor to the ~ers a ~ta~nt ~h~ng ~o of sand. gravul ~d stone re~ved by ~uyer fro~ Tract, during =h~ next p~~ng ~tn. ~d if and when tha total ~ount of alt s~d, 9ravel ~d stone the total~t of all advice payments previously ~nt ~de u~ the execution and delive~ of this agre~nt and the monthly paym~ts s~ec~fied ~ paragraph 2 (e) he.of), Buyer shall pay to the at the ti=~ of rendering said states.t, the ~unt of such ex.sa, c~puted on the following bas/s: Five Cents (5~) ~r net ton of all ma~erials re~oved during ~he original te~ Seven ~d one-half Ce~ts (7 1/2~) ~er ~e2 of all material ~e~ during the first 10 year renewll ~ ~d Ten Cents (10~) per ~t ton for all re~ved du=~ng the second 10 ye~ re.wa1. (f} Buyer shall not be l~le in ~y way for ~y d~age to property of t~ Owners, res~t~g or growing out of Buyer'8 o~rat~ons on 2he Tract. 3. The, ~ner5 repree~t ~ld warr~t (~d 8u~ represen- tations and warr~ties shai1 run throughout the te=m of -6- ~e ~erm f~l ~ pay, w~n d~, ~ p~ or all Of ~ ~d ~liver sand. gravel ~ ston~ the~ ~ therefr~ storage facility ~he~on~ to const~ct and use offices which, at Buyers sole ele~ion, ~ay be ~e~veU or left on ~oy, without hindr~ce, interfere~ce, Or delay, aLL re.hate ~d ~uyer sh~l pro~ly fill in s~h~lea a~ ~heir ag=ee~n~s, obligations, representa~ions o~ war~tie~ ~r), t~ aforesaid su~ paid by S~yer to the ~er0 u~ exe~ati~ md deli~ of this agree~nt shall ~long to and refined by the ~ners, as their ~olute property. 5. All th~ te~, agr~e~nt~, conditions ~d provision~ he.in c~t~ned shall be b~nding ~on, ~d sh~11 iuu~ -7- ~he~ K. C~er ~or Znua~ors ~d of ~h~s agE~Mn~ ~~n Buyer ~d pa~n~s ~nclud~n~ t~ cash pa~n~ ehall ~ ~do to ~ventors L~d C~any ~rsonal re~ro~n~a~ves to save ~uyer ~Y claim o~ ~y natu~ whats~r from virtue of said ch~ i~ d~re~ons for fie~ County ~al ~8tate ~d requests ~or ~i~a necoelary for ~uyere de t ~re. (~) Ail interest he~e~ hal~ by ~uyoro XMe~rs L~ C~y, as a~n~ for -8- remove all mazketable timber £rom Tr&ct up to I~72. ~ould such ~e~val n~t ~ ~le~ed bM saA~ dake, all re~Aninq ti~z on ~ T~a~ shall bec~ ~he sole p~ope~y of Buyer. 7. ~ne~s agree ~d he~bM bi~ their estates, ~ira, ~d personal ~resentatives that during ~he tern of thi~ ~a~ or any extension, that ~hey will n~ all~ ~uy use ~o ~ ~ of ~ said Tra~, withou= ~uyer's ~rior written consent. ha~leas from all causes, d~ges and ex~n~e~, ~eult~g fr~ any and all claim, de~ds o= =iqhts of action of any ~zd pm~y for ~jury or loss which ocuur during the te~ of this ag=~n~ a~nts or g~sts up~ the Tract and/~r in any way ~e~ed with ~ners n~d as additionai~ ins~ed in its liability policy uo~=~g its operati~ ~ descried Tra~ ~d provide ~rs with evi~n~ ~er~ during t~ tern he--of. : ~'~ -' · - 9. ~uYer ag~es~that it will ~ntain any fe~s n~' ' ~ lo=ated arced the bo~dary l~es ct the tract ~d will fully ~ply with any Pl~ for recl~ati~ 'Of said tra~ that may ~ ' and conditions hezeof shall be b~nd~nq upon th~ ase~qni, eatate$, of Buyer. ~rporate seal to b~ hereto affi~d ~d attested by it~ Secretly, B~T~RS COMPANY, a divisio~ o£ Oil and ~efining Company ATT~T .. STATE OF VIRGINIA C OF , TO-WITI It , a Notary Public of and for the C aforesaid, in the State of Virginia, do certify that Linwoo~ F. Belcher and Carrie C. Belcher, his wife, whose names are signed to the foregoing writing bearing date on the day of , 1971, personally appeared before me and acknowledged the same in my C_= ..... ...... _. and State aforesaid. My Commission expires on the day of 19 Given under my hand this .................. day of . .-., 1971. STATE OF VIRGINIA C of TO-WIT: I, , a Not~ry Public of and for the C ::: ...... aforesaid, in the State of Virginia, do certify that and , as and respectively, of Warren Brothers Company, a division of Ashland Oil and Refining Company, whose na~es are signed to the foregoing writing bearing date on the day of .., 1971, per- sonally appeared before me and acknowledged the same in my C and State aforesaid. My Commission expires on the day of Given under my hand this day of 1971. WARREN BROTHERS COF~ANY a division of Ashland Oil, Inc. PLAN OF OPERATION FOR EXTRACTION OF MATERIAL AND QUARRYING OPERATIONS As required by Section 17-11 (f) the following plan of operation is respectfully submitted: 1. The operating hours as set forth in Section 17-11 (i), 7:00 a.m. to 9:00 p.m. shall be complied with, although applicant would like to be able to operate two shifts at this location, beginn- ing at 6:00 a.m. and running until 12:00 p.m. In the event that this schedule cannot be granted under the current ordinance applicant will comply with such hours of operation as may be determined by the Board to be appropriate. 2. The asphalt plant dust, odor and noise control methods will satisfy all govermental require- ments with dust and air pollution units installed and a dry air system which will eliminate the necessity for using settling ponds. Since our plant would be mainly enclosed, there should be no noise factor with this operation. 3. The quarry dust would be controlled by keeping all pit roads damp with a water truck utilizing a spray system. 4. All rock crushers would l~ve dust devices installed with water, chemical, fog and/or suction systems with dust collectors. The screens will have water or chemical for dust control. All material transfer points will have water or chemical fog systems and hoods. 5. We contemplate leaving a rather dense screen of natural growth around the perimeter of the operation which would aid in eliminating any noise that may be generated from our operations. In addition, noise can be controlled by using enclosed structures over the main parts of our plant operations. The equipment producing noise of any consequence would be primarily the jaw crusher, scalping screen, cone crusher, finishing screens and conveyors. A jaw crusher covered with a removal house for major repairs would be the most economical and should effectively eliminate noise. A large structure covering the primary feeder and scalping screen can be used. Scalping screens may also be covered with a rubber covered punched or screen cloth. Conveyors themselves produce very little noise, rather it is the transfer of material from one conveyor to another that frequently produces same. All transfer points can be lined with rubber liners to eliminate this noise if a problem occurs therefrom. 6. Noise and dust from our operation should have no adverse affect on any adjoining property owner, first due to the screening of woods around the perimeter of the operation, the above referenced use of structures, rubber insulation on noise producing transfer points combined with the use of water or chemical fog should produce a plant that will be quiet, clean and safe. The only other item of noise that should result from our operation would be quarry blasting. All blasting would be restricted to the daytime hours, with all shots to be wired using multi-second delays wired in sequence to minimize shock. Stemming would be a minimum of 5' (five feet) to control rock throwing, dust and noise. We would propose to notify any adjoining property owners that may be in close proximity to our operation at least one hour before a shot is scheduled in order that no-one would be surprised at the blast. 7. Access to our operation will be as marked on the attached plat made by LaPrade Bros, dated July 2, 1971. 8. The nearest property owner to our proposed operation would be ~. and ~s. Linwood Belcher who are the owners of the site and from whom we propose to lease the property. Property owners located across Swift Creek will be protected by 100 feet or more of woods along the creek. 9. All overburden or waste material will be used to form a dike or bank along Swift Creek 100 feet behind the creek and between Swift Creek and the operating site thereby forming an additional barrier from our operation. 10. Since we propose moving our entire Richmond area operation onto this site, we would hope that the period of time for our operation would be indefinite as substantial capital improve- ments will be made to the site and our contract with the present property owner provides for the initial period of the lease to be ten (10) years with two (2) additional ten (10) year renewal options grantea. 11. We propose to construct buildings for equipment repair, consisting of repair areas, a welding shop, paint shop, storage, a scale house for asphalt plant and crushing plant use, a powder storage house, a spare parts storage building, an office building to house the general headquarters for the Richmond District operations of Warren Brothers Company. 12. Restoration of the property will be accom- plished within two (2) years after the cessation of operations and can be accomplished by either of the following two methods, or such other reasonable requirement as the Board deems appropriate; A. Upon the cessation of operations, the site will be cleaned of all machinery and foreign material and graded to provide natural drainage. The previously stripped and stockpiled topsoil would then be spread over the regraded area and seeded. All slopes will have a maximum of a 2:1 slope. The pit will be allowed to fill with water creating a pond with natural surround- ings. B. Upon cessation of operations, all machinery and foreign material will De removed. All areas with the exception of the pit will De graded to provide drainage, covered with topsoil and seeded. The pit would then be fenced off and provided with two gates for access. A sanitary land fill operation could then be put into use by the County. The remainder of the overburden and topsoil could be used for cover material in the land fill. Upon completion of the land fill operation the property could be available for any number of uses. 13. The State Mining Commission will require a Reclamation Plan and a bond to be furnished prior to commencement of any operation on this property to insure a reasonable reclamation. We would trust that this Dond would be sufficient, however, should any additional reasonable security be required we will be glad to furnish same. WARREN BROTHERS CO~PANY, a division of Ashland Oil, In~? /? By · ~ Gutkne¢ht, D±strict ProsidOnt