79S108
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STAFF REPORT -&~~e-~~r-~~~~-fG~~
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September 26, 1979 (BS)
CASE NUMBER: 79S108
APPLICANT: LINDA C. ADAMS
REQUEST: Conditional Use to permit a landfill.
GENERAL LOCATION: Clover Hill Magisterial District; property
fronts the east line of Coalboro Road and is located 2000 feet
south of its intersection with Route 694. T.M. 108 (1) Parcel 30
(Sheet 28).
SUBJECT PARCEL: 1.5 acres; zoned Agricultural (A); residential use.
ADJACENT PROPERTY: Zoned Agricultural (A); single family use or
vacant.
UTILITIES, SOILS, DRAINAGE AND EROSION, EASEMENTS: Public water
and sewer are not available.
Soils are gently sloping to moderately steep and under present
conditions have a slight to moderate. chance for erosion. Over
ninety (90) percent of the soils are poorly drained. The majority
of the soils are severely limited by frequent flooding, erosion
hazard and plastic subsoil. Soils are poorly suited for proposed
use due to the location of the flood plain and the large amounts
of plastic soils. There is a danger of downstream pollution due
to flooding of the landfill site.
Property lies in the Winterpock Creek drainage area. The entire
parcel is subject to frequent flooding. The area downstream is
experiencing sediment problems. Due to the possibility of pollution,
it is recommended that an alternative site be selected.
PUBLIC FACILITIES: Property is served by Clover Hill Fire Company 7;,
Fire service capability is limited depending on time of day.
TRANSPORTATION AND TRAFFIC: Area roads are in fair condition. This
request will have a minimal impact on area roads.
LAND ASSESSMENT: 1979 Appraised Value - $85,800.
GENERAL PLAN: Vacant/Agricultural (A) use.
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DISCUSSION: The applicant is requesting a Conditional Use
to permit the dumping of land cleared materials on the sub-
ject property. The applicant's husband is in the excavating
business. It is anticipated that the landfill will be utilized
solely by this business and will not be open to the public.
Due to the poor soil conditions, Staff is of the opinion that
this request should be denied. Furthermore, Winterpock Creek
transverses this property and any activity such as dumping and
filling could lead to downstream pollution and floodinq. It
should be noted that a State Health Department permit will not
be necessary unless other than land cleared materials are dumped.
It should be noted that the Commission and Board recently approved
a request to permit operation of a landfill or property which lies
to the southwest of the request parcel. Presently, there are three
(3) sites in the area of the request parcel which have obtained
approved for operation of a landfill. Staff is of the opinion
that at this time these three (3) sites are sufficient to meet
the County's need.
STAFF RECOMMENDATION: RECOW1END DENIAL AND SUGGEST THAT THE
CO~1ISSION AND BOARD INSTRUCT THE APPLICANT TO I~MEDIATELY
CEASE DUMPING AND GRADE AND SEED THE AREA. A PLAN FOR THE
GRADING AND SEEDING SHALL BE SUBMITTED WITHIN THIRTY (30) DAYS
TO THE ENVIRONMENTAL ENGINEERING DIVISION FOR APPROVAL.
CASE HISTORY
6 19 79 CPC:
The Commission deferred this request for sixty (60)
days in order to allow the applicant an opportunity
to prepare plans.
The applicant has been unable to .prepare the necessary
plans for Staff review. Therefore, another sixty (60)
day deferral has been requested.
8 21 79 CPC:
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In an attempt to evaluate the necessity of preparing engineering
plans for this operation, Planning Staff, Environmental Engineering,
and the County Soil Scientist have again visited the site. It
has been determined that in order to protect Winterpock Creek
from potential siltation build-up and pollution as well as to
evaluate the effects on the 100 Year Flood Plain, an engineering
study will be necessary. These final plans should include
the following: the present limits of the 100 Year Flood Plain
and the effect the filling will have on these limits; final
contours; and an erosion control plan. The applicants have
indicated to Staff that the monies required for preparation of
such plans is extensive and that they are unable to afford the
hiring of an engineer for this purpose.
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In view of this, the Commission has several options:
1. The request could be denied and the applicant advised to
immediately cease dumping and stablize the land.
2. The request could be deferred until such a time that a plan
is prepared and submitted to the Division of Development Review
for approval, but requiring that all dumping cease until zoning
approval is obtained.
3. The Commission may wish to approve the request subject to the
imposition of appropriate conditions which will control the
operation and requiring submission of plans prior to continuation
of dumping.
Staff is of the opinion that the request should be deferred for
ninety (90) days during which time an engineer should be employed
to prepare the necessary plans and submit them for review by the
appropriate County departments.
However, should the Commission see fit to recommend approval
of this request without the benefit of review of plans, Staff
would recommend imposition of the following conditions:
1. This Conditional Use shall be granted to and for Linda C.
Adams, exclusively and shall not be transferable nor run with
the land.
2. Only one access to the parcel shall be permitted. This
entrance/exit shall be secured so as to prohibit the indiscriminate
dumping of materials and the applicant shall be responsible
for the removal of any materials dumped along the road.
3. This landfill shall be restricted to the dumping of stumps,
land cleared materials and building materials. At the end of
each week, all material shall be covered with top soil to a
depth of not less than six (6) inches. Upon completion of fill,
the area shall be graded and seeded.
4. This Conditional Use shall be granted for a period not to
exceed two (2) years from date of approval.
5. Prior to the dumping of any building materials, the State
Health Department shall be contacted and grant approval of this
operation.
6. No dumping shall be permitted except between the hours of
8:00 a.m. and 6:00 p.m., Monday through Saturday.
7. A record of exact fill location, extend and fill material
shall be maintained and reported to the Department of Community
Development upon completion of the operation.
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8. The deed to the parcel shall reflect the fact that the area
has been used as a landfill and may not be suitable for building
sites. This deed shall be recorded in the County Clerk's Office.
9. All dumping shall immediately cease and no additional
dumping shall be permitted until such a time that detailed
plans are submitted to the Division of Development Review
for approval. The Division of Development Review shall have the
right to impose any additional conditions upon their approval of
the plan which will insure protection of Winterpock Creek.
CPC 8 21 79:
The Commission recommended denial of this request
and suggested that the Board instruct the applicant
to immediately cease dumping and submit a plan for the
grading and seeding of the ar~a wi~hin ~h~r~y (30)
days to the Environmental Englneerlng Dlvlslon for
approval.
Supervisors on Wednesday, September 26, 1979 begin~ing
will take under consideration your request for zonlng.
The Board of
at 2:00 p.m.
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LEGEND
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APPROVED
LANDFILl. SITES
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PROPOSED
LANDFILL SITE
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