Document Cumberlandcounty_doc_f6f74b3613

Internal Use Only FILE COMMONWEALTH OF VIRGINIA RECErVEo~ COMPLETED____ COUNTY OF CUMBERLAND F EElCk. RECEIPT # Application for Conditional Use Permit Last revised 7/07/10 Form must be completed in ink, Pencil will not be accepted. IMPORTANT NOTE; FOR CERTAIN LARGE-SCALE DEVELOPMENTS, STATE LAW NOW REQUIRES A TRAFFIC IMPACT ANALYSIS (T.I.A) be completed and submitted with a rezoning application before the County can deem the application complete. **Please see the attached A. info sheet and checklist to detennine ifsuch a study shall be required as part ofthe application. Please contact the zoning administrator for any questions. Project Name (how should we refer to this application?): Green Ridge Recycling and Disposal Facility Proposal: To permit amunicipal (sanitary) landfill and related UBes Including aconvenience and recycling center. transfer station. composting operetion and gas energy power plant Location: North of Route 60 near Cumber1and I Powhatan Line Tax Map Zoning: A-2 Excep. Tax Map Parce': 45-'-4' A-2 and R-2 Comprehensive Plan Area: All lots not in. growth are. except 45-'-4' la partially moderate Election # of Acres to be Covered by Conditional Use Permit (if a portion of a parcel or parcels it must be delineated on a Is this an amendment to an existing conditional use permit? IfYes, provide DYES~NO CUP # or approval date: A Preliminary Site Plan is Required with Application for a CUP. Have you submitted a preliminary site plan? Is this a proposal for a shopping center or telecommunication tower? Ifso, additional information is required additional conditions/use restrictions apply. Please see the Planning & Zoning Dept. for more info. Is an amendment to the subdivision or zoning ordinance also proposed as part of the CUP application? Ifso, complete and attach the Code Amendment application. Contact Person (who should we call/write concerning this project?): William H. Shewmake, Esquire LeClalrRyan PLLC Address: 919 East Main Street, Twenty-Fourth Floor City: Richmond State:_V_lrg=-ln_la___Zip: 23219 Daytime Phone: ~ _78_3_-7_59_5____ Fax ~ _78_3-_7_69_5____ Email: [EMAIL REDACTED] Cumberland County Department of Planning & Zoning • Box 110 • Cumberland, VA 23040. [PHONE REDACTED] • Fax - [PHONE REDACTED] ---PAGE BREAK--- Page 2 of5 Owner ofRecord (who currently owns the property?):_S_e_e_A_tt_a_c_h_e_d________ Daytime Phone: L-.J Fax L-.J Applicant (who is the contact person representing?): William H. Shewmake, Esquire on behalf of CWV Land Acquisition, LLC and Green Ridge Recycling and Disposal Facility, LLC 919 East Main Street, Twenty-Fourth Floor ' Richmond s Virginia. 23219 Address: CIty: tate: . [PHONE REDACTED] [PHONE REDACTED] . DaytIme Phone: Fax Does the owner of this property own (or have any ownership interest) in any abutting property? Ifyes, please list those tax map parcel numbers._31_-A_-_1:_45-_1-4_0_________ Section 74-702 of the Cumberland County Zoning Ordinance provides guidelines for conditional use permit applications. Please address the following standards which will be reviewed by the staff in analysis ofyour request. Ifyou need assistance filling out these items, staff is available. Provide a written statement demonstrating that: 1. The establishment, maintenance or operation of the CUP will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare; 2. The CUP will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood; 3. The establishment ofthe CUP will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; 4. The exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan ofthe structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district as to cause a substantial depreciation in the property values within the neighborhood; 5. Adequate utilities, access roads, drainage or necessary facilities have been or are being provided; Cumberland County Department of Planning & Zoning • Box 110. Cumberland, VA 23040.[PHONE REDACTED]. Fax - [PHONE REDACTED] ---PAGE BREAK--- Page 3 of5 6. Ingress and egress to property and structures on the property with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access offire or catastrophe are adequately provided for; 7. Off-street parking and loading areas where required with particular attention to the items in # 1. above and the economic, noise, glare or odor effects ofthe special exception on adjoining properties and properties generally in the district are adequately provided for; 8. Refuse and service areas, with particular reference to the items in #s 1. and 2. above are adequately provided for; 9. Appropriate screening and buffering with reference to type, dimensions and character ofthe use are adequately provided for; 10. Any signs and exterior lighting are compatible and in harmony with properties in the district with reference to aesthetics, glare, traffic safety and economic effect; 11. Required building setbacks and other open spaces are adequately provided for; 12. The proposed use is compatible with adjacent properties and other property in the zoning district; 13. An adequate supply of light and air to adjacent property is adequately provided for; and 14. The CUP shall, in all other respects, conform to the applicable regulations ofthe zoning district in which it is located, except as such regulations may, in each instance, be modified by the Board of Supervisors. Describe your request in detail and include all pertinent information such as the number of persons involved in the use, operating hours, and any unique features ofthe proposed use: See Attached Describe briefly the improvements proposed. State whether new buildings or structures are to be constructed, existing buildings or structures are to be used or additions made to existing buildings or structures. Give dimensions ofthe buildings that are to be constructed and the dimensions of any existing buildings on the property (attach any necessary information). This is undeveloped property and new structures will be constructed. These include a scale house, parking and storage, maintenance buildings, gas collection and power generation buildings and eqUipment, waste disposal areas, transfer stations, compost and recycling areas, soil and other storage facilities as well as borrow pits. See generally the attached conceptual plan. Cumberland County Department of Planning & Zoning • Box 110 • Cumberland, VA 23040. [PHONE REDACTED]. Fax - [PHONE REDACTED] ---PAGE BREAK--- Page 4 of5 Attachments Required - provide two copies of each 1. Recorded plat or boundary survey ofthe property requested for the permit. Ifthere is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Note: Ifyou are requesting a permit for a portion of the property, it needs to be described or delineation on a copy of the plat or surveyed drawing. 2. Ownership information - Ifownership of the property is in the name of any type oflegal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. Ifthe applicant is a contract purchaser or an agent ofthe owner, an owner/agent agreement must be attached (ask stafffor form ifneeded). Owner! Applicant Must Read and Sign I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. William H. Shewmake, Esquire Print Name of Owner/Applicant Date (804) 783-7595 Signature of Owner/ Applicant Daytime Phone # of Signatory Cumberland County Department of Planning & Zoning • Box 110 • Cumberland, VA 23040. [PHONE REDACTED] • Fax - [PHONE REDACTED] ---PAGE BREAK--- Page 5 of 5 Traffic Impact Analysis Information Sheet: How do I know ifa T.IA. is required to be submitted with my application? Ifthe proposed development will increase the number ofvehicle trips during peak hours on roads maintained by VDOT by 250 trips for a commercial development or 100 trips for a residential development you likely will need to submit a T.I.A. How do I know ifmy proposal will increase the traffic to the amount that would require a TIA? Below is a listing ofsome general guidelines as provided by VDOT's T.I.A. administrative guidelines: For a residential development, a TIA may be required if the development proposes: • 100 or more single family dwelling units; • 150 or more apartment units; or • 190 or more condo/townhomes For a commercial development, a TIA may be required if the development proposes a(n): • light industrial building of 260,000sfor more; • hotel containing 300 rooms or more; • elementary school of 600 students or more or a high school of550 students or more; • hospital of 110 beds or more; • general office building 150,000 sq. ft. or larger; • business park 170,000 sq. ft. or larger; • shopping center 20,000 sq. ft. or larger; • home improvement store 60,000 sq. ft. or larger; • drive thm bank containing 5 bays or more; • fast food restaurant with a drive thm window of4,000 sq. ft. or larger; or • gas station with convenience store containing 16 hoses or more. What are the fees associated with VDOT's T .I.A? This fee is collected directly by VDOT and is separate and in addition to the County's application fee. Both are required before an application is deemed complete. • $250.00 for a low-volume road; • $500.00 for less than 100 vehicles per peak hour; or • $1,000.00 for more than 100 vehicles per peak hour. What is the background and purpose for the TIA requirements and where can I find additional information? Chapter 527 of the 2006 Acts ofAssembly added § 15.2-2222.1 to the Code ofVirginia. The amendment establishes procedures by which localities submit proposals that will affect the state-controlled transportation network to VDOT for review and comment. The chapter also directs VDOT to develop regulations to carry out the provisions of the statute. The regulation VDOT prepared is titled, Traffic Impact Analysis Regulations (24 VAC 30-155), sets forth procedures and requirements governing VDOT's review ofand submission of comments regarding comprehensive plans and amendments to comprehensive plans, rezoning proposals, and subdivision plats, site plans and plans of development and the accompanying traffic impact analyses. The regulation also identifies when those documents must be submitted, and the documents and information that must be submitted to VDOT to facilitate the required review and submission of comments. The regulation also establishes the scope and nature ofthe review and a schedule offees to be paid upon submission of a proposal to VDOT for review. The regulation includes standards for when traffic impact analyses must be submitted to VDOT for different types of development proposals as well as what must be contained in the analyses (Information provided by VDOT). VDOT has prepared the following website on the Chapter 527 requirements: http /www.vi[~niadot . or& /projects /chapter527/default.asp Cumberland County Department of Planning & Zoning • Box 110 • Cumberland, VA 23040 • [PHONE REDACTED] • Fax - [PHONE REDACTED] ---PAGE BREAK--- ATTACHMENT FOR ApPLICATION FOR CHANGE IN ZONING ApPLICATION FOR CONDITIONAL USE PERMIT PROPERTY OWNERS AND TAX MAP PARCELS FOR CHANGE IN ZONING AND CONDITIONAL USE PERMIT OWNER'S NAME(S) TAX MAP PARCEL NUMBER(S) OWNER'S ADDRESS American Timberland, LLC 37-A-69, 44-A-20, 45-A-1, 45-A-7 c/o Philip Weigel BTG Pactual 647 Timberline Drive Henrico, North Carolina 27842 Aaron Carlisle, Jr. 44-A-19-A 16 Kings Point Drive Hampton, Virginia 23669 CWV Land Acquisition, LLC 44-A-13, 44-A-14, 44-A-19, 44-A-22, 44-A-36 c/o Jerry S. Cifor 4 Enterprise Avenue Clifton Park, New York 12065 Ellis M. Palmore Lumber, INC John H. Wick, III - - . 45-1-41 45-2-2-A,45-2-2-B c/o Robert M. Palmore 2575 Ballsville Road POWhatan, Virginia 23139 302 Virginia A venue Richmond, Virginia 23226 ---PAGE BREAK--- OWNER'S NAME{S) TAX MAp PARCEL NUMBER{S) OWNER'S ADDRESS John H. Wick, III and Mary R. Wick Curtis Franklin Marion 44-A-2l 302 Virginia A venue Richmond, Virginia 23226 38-A-7 663 Anderson Highway Cumberland, Virginia 2304 2 ---PAGE BREAK--- CONDITIONAL USE PERMIT- WRITTEN STATEMENT The Green Ridge Recycling and Disposal Facility ("Green Ridge") will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. The facility site has been carefully selected to minimize any impact on the County and its residents. It is located on the eastern edge of the County just off Route 60 with 80-85 percent of the projected truck traffic coming from the east. When operabng at full capacity of 5,000 tons of waste a day, there would be approximately 300 trucks a day with most of the trips occurring during off peak hours, spread over a 24 hour period and with many of the trucks arriving at night. As reflected in the attached proposed conditions, there will be extensive buffers around the landfill, and the facility will be subject to an exhaustive permitting process with numerous conditions, including extensive monitoring requirements to address any potential negative impacts. Green Ridge will also prohibit the acceptance of hazardous waste and likewise will not accept certain waste that causes odor problems, such as waste water treatment sludge and processed sheetrock. The property is located in an area that has little residential density. For many of the same reason, the landfill will likewise not injure or impair nearby properties. The waste disposal facility will have extensive perimeter buffers, have no significant traffic impact on the County, and will employ extensive plans to control noise, odor and lighting, as well as plans and systems to protect and monitor water and air quality. Green Ridge is also willing to discuss purchasing adjacent properties at fair market value for any neighbors that have concerns. Nor will the landfill impact the existing or future uses of nearby properties. As indicated, the landfill is located away from higher density residential areas and other nonagricultural uses, and the facility will be designed, constructed and operated to minimize any impact. ---PAGE BREAK--- As for the aesthetics and function of the waste disposal and associated uses, this is an industrial facility that will be shielded from view by substantial buffers and thus will not be incongruent with existing architecture in the area. As previously emphasized, the waste disposal facility and related uses will be subject to an extensive and detailed permitting process, which will adequately address all infrastructure issues, including the construction of turn lanes on Route 60 and all other improvements required by VDOT. Further, the access to the facility is located on Route 60, and the paved and maintained entrance road is over a mile long, ensuring that trucks will not back onto Route 60, and that trucks will not litter or deposit substantial mud and debris on the roads. The subject property is approximately 1200 ±acres, with no more than 650 acres and probably only 500 acres devoted to the waste disposal area. See the attached conceptual plan. There will, therefore, be ample room for parking and loading areas, with the exact location and dimensions to be determined at time of permitting and site plan review. As indicated, the primary use for the subject property will be a recycling and waste disposal facility, with the location and dimensions of structures and features determined through the exhaustive permitting and site plan process. Given the size of the property, areas for refuse and waste will be more than ample. There will be buffers ranging from 50 - 200 feet around the perimeter of the subject property as set forth in the attached proposed conditions, and screening berms and additional landscaping can be provided where needed. The lighting is addressed in the proposed conditions which will minimize any light issues, and the lighting and any signs will not be inconsistent with the surrounding areas. Most of the surrounding property is largely undeveloped. 2 ---PAGE BREAK--- In short, situated on 1200 ±acres, the waste management facility and associated uses can and will be developed consistent with Conditional Use Permit and ordinance requirements, and will be compatible with surrounding zoning districts. The uses will be substantially off the property lines, so there will be no adverse impact on light and air to adjacent properties, and the Conditional Use Permit will comply with all regulations of the M-2 zoning district except as may be modified by the Board of Supervisors. 3 ---PAGE BREAK--- Conditional Use Permit Application Attachment For Page 3 of 5 Describe your request in detail and include all pertinent information such as the number of persons involved in the use, operating hours, and any unique features of the proposed use: The primary use will be a sanitary landfill with other associated uses as set forth and described in the proffered conditions in the companion zoning case and proposed conditions attached. It includes a convenience center that accepts waste and recyclables from County government and residents. It will also include, without limitation, related uses such as borrow areas, soil stockpiles, scales and scale hOlJse, office, maintenance facility, leachate management system, gas management system including beneficial usage, stormwater management system, trailer storage, parking, convenience center and recycling facilities, storage, transfer stations, composting operations, fuel storage, and equipment storage. Additional permitted uses include gas collection, generation, and sales, power plants related to the generation of gas from the Landfill, hydroponics and greenhouses (including for wholesale and retail sale). All other uses not related or accessory to the above uses that are allowed as a matter of right in an M-2 zoning district are excluded. The gas conversion / energy plant will involve structures and machinery that will convert gas from the landfill into power and electricity. There will be approximately 35 full time employees on the site when the landfill becomes operational, and the hours of operation would be Monday morning, from 6:00 1 ---PAGE BREAK--- a.m. until 11 :59 p.m.; 24 hours a day Tuesday through Friday; and 6:00 a.m. to 4:00 p.m. on Saturday. The convenience center would generally be open 8:00 a.m. - 5:00 p.m., Monday through Friday, and 8:00 a.m. - 2:00 p.m. on Saturday. 2 ---PAGE BREAK--- CONDITJONAL USE PERMIT I. The applicant has submitted a conceptual site plan for the Facility prepared by Draper Aden Associates, entitled "Conceptual Facility Plan" dated May 22, 2018 (the "master plan"). The development of a sanitary landfill authorized to accept municipal solid waste, certain industrial wastes, institutional waste, approved special waste, and construction demolition debris as defined pursuant to the Virginia Waste Management ACT ("Act") (Va. Code 10.1-1400 e.t. seq. and Virginia Solid Waste Management regulations (9VAC20-81) ("Regulations") and accessory and related uses ("Landfill" or "Facility") on the site, including without limitation, a convenience center, transfer station, and gas collection and conversion power plant, will be generally consistent with the master plan, but the location and dimensions of identified uses may differ from the master plan as may be required or permitted by the Virginia Department of Environmental Quality (VDEQ), Virginia Department of Transportation DOT") and other governmental agencies, with the uses generally retaining the same relation to each other as reflected on the master plan subject to the approval of and to the extent permitted by VDEQ, VDOT and other applicable governmental departments and agencies. 2. Final site plans shall be submitted to the County Administrator, or designee, who shall review them for conformance with the County's zoning ordinance, the terms of this Conditional Use Permit and the master plan approved in connection with this Conditional Use Permit, and with such modifications as may be approved at the time of site plan review. As reflected on the master plan, the Facility may be designed, constructed, or modified using the current location of Route 654, or based on the relocation of Route 654 as generally depicted on the master plan, subject to approval of the Virginia Department of Transportation ("VDOT"). Permittee shall obtain approval of its final site plans prior to constructing any buildings or other improvements on the Facility Property and prior to commencing landfill operations at the Facility. Final site plans shall provide, at a minimum and consistent with the Zoning Ordinance, detailed information regarding: a. the location and design of planned improvements, including, but not limited to roads, staging areas, parking areas, lighting, buildings, and disposal cells; b. the location of streams, creeks and delineated wetlands, the topography, floodplains, soil and groundwater conditions; c. the buffers and any structures to be placed within the buffer areas adjoining the operational area (in accordance with the terms of this Conditional Use Permit) and the plans for landscaping and screening augmentation; d. the steps to be taken to protect floodplains and water quality; e. stormwater management and erosion control plans; and f. a transportation phasing plan. ---PAGE BREAK--- 3. Permittee shall not commence operation of the Landfill until all applicable state and federal permits are obtained, and Permittee shall operate the Facility consistent with all applicable federal and state statutes and regulations and the terms and conditions of such permits issued for the Facility. 4. The Facility shall not accept for disposal In the Landfill any of the following nacceptable Wastes"): a. Any material the disposal of which, at the time of acceptance, would violate any then existing federal or state laws, rules, regulations or permits pertaining to a Landfill; b. Any "Hazardous Waste" which shall be deemed to be: any waste defined as "hazardous waste" by Section C of the Resource Conservation and Recovery Act; (ii) any waste defined as "hazardous material" or identified as hazardous waste and described and regulated by VDEQ's Hazardous Waste Management Regulations; (iii) solid waste, which because of its quantity, concentration or physical, chemical or infectious characteristics may: cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard to human health, the Landfill, or the environment when treated, stored, transported, disposed of, or otherwise managed; (iv) potentially infectious medical waste; regulated levels of biphenyls as defined by the Toxic Substances Control Act, 15 U.S.C. § 2601-2629, or regulations adopted thereunder; and (vi) radioactive waste or low-level radioactive waste as defined by the Atomic Energy Act, 42 U.S.c. § 2011, et seq., or the Southeast Interstate Lo-Level Radioactive Waste Management Compact, or the implementing regulations of either; c. Any nonhazardous domestic, irrigation return flows or industrial wastewater sludges not approved for disposal by the VDEQ regulations, or industrial discharges which are point sources subject to permits under § 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880); d. Any nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923); e. Any material number of animal carcasses disposed of in a single day or, except as authorized by VDEQ, without specific written approval by the County. f. Waste water treatment and industrial sludges. g. Any recycled or processed construction and demolition debris ("Processed C&D") from a Construction Demolition Debris Recycling Facility that 2 ---PAGE BREAK--- Permittee knows at the time of Permittee's acceptance of the material did not recycle out sheetrock. Before knowingly accepting material from a Construction Demolition Debris and Recycling Facility, Permittee will require the Construction Demolition Debris Recycling Facility to certify that it recycles out the sheetrock from its Processed C&D. 5. Copies of all applications and submittals for permits associated with the Facility, shall be provided to the County Administrator, or designee, upon request. 6. Ingress and egress to and from the Facility shall be by way of an access road connecting the Facility with State Route 60. Permittee will operate the Facility in such a manner as to avoid unreasonable traffic congestion involving company-controlled waste stream providers on County roads. If VDOT determines a signal and/or other road improvements are necessary at any new intersection with Route 60 and/or an intersection created at Route 685 or Route 654, such improvements shall be provided at Permittee's expense. All VDOT permitting shall be completed by Permittee at its expense. At a minimum, it is anticipated that turn lanes at the new intersection of State Route 60 and the new entrance road into the Facility shall be provided at Permittee's expense prior to commencing operations at the Facility. Further, subject to VDOT approval, street lights on either side of the entrance on Route 60 shall be installed, with the spacing and design of each street light along Route 60, as well as street lights at the intersection with Route 685 or 654, determined by VDOT and approved at the time offinal site plan review. 7. All areas of the Landfill which are used for the disposal of waste shall at a minimum have buffers in accordance with and as defined by applicable VDEQ Regulations. Additionally, except for the entrance road property, at a minimum the Landfill property shall have a perimeter buffer of not less than 200 feet adjacent to properties with a residence that is not owned by Permittee or its subsidiary or affiliate. Provided, however, there will be a minimum 50 foot buffer on the entrance road property, identified on the master plan. The entrance road property may also include a convenience center, scales, scale house, hardware, gate and related uses and structures. There shall be a 100 foot buffer along any other portion of the perimeter of the Landfill property. The location of buffers are generally depicted on the master plan except minimum area of the buffers can be cleared for access roads, utility easements, monitoring wells and other environmental structures, and screening berms. Natural vegetation shall be maintained in such buffers and supplemented where necessary with evergreens to insure four season screening of operations. Additionally, the areas of the Landfill's Disposal Unit Boundary as defined by VDEQ shall be sited: a. not less than 300 feet from the riearest residence, as of the date of the purchase of the site by Permittee (the "Purchase Date"); b. not less than 500 feet from any well or spring being used for drinking water as of the effective date of the Host Agreement with the Cumberland County Board of Supervisors until the well or spring is no longer used for drinking water through no fault of the operation of the Landfill; 3 ---PAGE BREAK--- c. not less than 100 feet from any perennial stream or river as of the date of this Agreement, and d. not less than 50 feet from any public road as of the date of this Agreement. 8. The height of any buildings will not exceed forty (40) feet. The height of any appurtenant structures (such as leachate collection tanks) will not exceed fifty-five (55) feet above existing ground elevation unless otherwise approved by the County at the time of site plan review. 9. The Disposal Unit Boundary (that area of land upon which waste is directly deposited) of the Facility shall not exceed 650 acres. 10. Groundwater shall be monitored in accordance with VDEQ regulations as reflected in the approved Landfill permit. Copies ofVDEQ monitoring reports shall be provided to the County Administrator, or designee. Permittee shall allow the County to install additional groundwater monitoring wells on, at or around the Facility under the direction of a "qualified groundwater scientist" as defined by VDEQ, at the County's expense of installing and monitoring. (If the additional wells are to be incorporated into the permitted groundwater monitoring system, the well construction and location are subject to the approval by VDEQ and a major modification filed with VDEQ for incorporation.) II. All fuels stores at the Facility shall be maintained in approved corrosive-resistant, above ground storage tanks. Bulk fuels shall not be stored in buildings on the site. Fuel stores or other holding tanks at the Facility shall be noted on any site plan for approval by the County Administrator, or designee. 12. Pursuant to applicable state regulations, including 9V AC20-82-140, and prior to accepting waste, the Facility shall have an emergency management and contingency plan which delineates procedures for responding to fire and other emergency situations and Permittee shall submit such plan for County approval which shall not be unreasonably withheld. 13. The Facility shall comply with all applicable state and federal laws, and VDEQ Regulations relating to closure of the Facility and post-closure monitoring. As part of the post-closure plans for the Facility, a Final Use Plan shall be prepared at the end of the operating life of the Facility. 14. The Permittee shall employ persons to patrol the Facility and surrounding public property, including those public roads within one-half (112) mile of the new intersection of the access road and State Route 60 and at the intersection of Route 685, to collect Iitter. 15. Permittee shall implement and maintain all stormwater management and erosion control measures as required by applicable state regulations and local ordinances. 4 ---PAGE BREAK--- 16. The County Administrator, or designee, shall have the right to inspect the Facility during operating hours. 17. Access Point(s) to the Landfill shall be equipped with a gate which shall be closed and locked during non-operating hours. A scale house attendant shall be present during operating hours to screen incoming waste. The attendant shall screen out unauthorized vehicles and vehicles with unauthorized cargo. Those vehicles not permitted into the Landfill will be turned away at that point. Access after operating hours will be allowed only to employees of Permittee and Landfill personnel. The regular Landfill operating hours shall be twenty-four (24) hours per day on weekdays (opening 6:00 a.m. Monday morning and closing 11 :59 p.m. Friday evening) and 6:00 a.m. to 4:00 p.m. on Saturday. During other times, only trucks and vehicles owned and operated by Permittee shall be admitted to the solid waste management facility. The Landfill personnel will remain onsite as long as necessary following primary disposal hours to complete the daily disposal of waste and to accomplish the necessary daily shut-down tasks. At a minimum, Permittee shall employ appropriate supervisors, managers and mechanics, as well as equipment operators, laborers and office personnel. Permittee shall have sufficient equipment on site to ensure orderly operation of the Facility. 18. The Facility shall: a. Comply with VDEQ regulations pertaining to the placing of intermediate and final cover. b. Permittee shall manage all leachate at the Facility in accordance with applicable state regulations. c. Comply with VDEQ regulations relating to the monitoring and control of decomposition gases produced at the Facility. 19. Permittee shall have an inspection program of each truck to verify that all incoming waste is acceptable in content and origin. Records relating to waste accepted at the Facility shall be maintained and will be available for review at any time during operating hours by the County Administrator or his/her designee. Permittee shall train personnel employed at the Facility to identify unauthorized wastes, including familiarity with typical containers, markings, labels and placards that aid in recognizing unauthorized wastes. a. Non-Approved Waste. Permittee will maintain an active "Unauthorized Waste Screening Program," and all personnel involved in screening, shall be trained in this program. Signs shall be conspicuously posted informing users of acceptable and non-acceptable types of waste. b. Permittee shall implement a surface water monitoring plan for natural streams and other surface water bodies located on or adjacent to the Facility that conforms to applicable state requirements. 5 ---PAGE BREAK--- 20. On-site permanent survey benchmarks for horizontal and vertical control will be established at the Facility. There will be annual topographic surveys of the active landfill which will be delivered to the County administrator or designee. 21. Roads within the Facility shall be graded as necessary to maintain smooth, well-drained surfaces. During dry periods, dust control shall be maintained. All roads necessary for the operation of the Facility shall be kept in passable condition and maintained after closure. Permanent unpaved roads shall be covered with gravel or other suitable material. Except for the incoming entrance road which shall be at least fifty (50) feet from adjacent property lines, roads will have a setback of at least one-hundred (100) feet from adjacent property lines of properties not owned by Permittee or its subsidiary or affiliate, except as necessary to access the Facility, (ii) as contained in the approved VDEQ Part A and Park B permits, and/or (iii) as required by VDOT or as otherwise approved at the time of site plan review. 22. The entrance road from Route 60 to Route 685 (Miller Lane) shall be paved. 23. The sides of all borrow areas within the Facility shall be graded to prevent sudden changes in slopes. All stockpiles of overburden shall be graded to minimize erosion potential and to prepare the site for future uses in the final plan. 24. This Conditional Use Permit shall terminate if the Landfill does not commence operations within seven years of this Conditional Use Permit and the rezoning of the subject property to M-2 being approved and the approvals becoming final and non­ appealable. Following commencement of operations at the Facility, this Conditional Use Permit shall terminate if the Landfill ceases to operate and maintain the required state permits for four consecutive years or more. 25. In lieu of the noise standards set forth in Section 74-588(a)(l) of the Zoning Ordinance, the following standard shall apply to the Facility: Any noise resulting from the Facility's operations, defined to include all aspects of Permittee's work once the Facility begins operations, shall not exceed sixty-seven decibels at the property line of the nearest residence currently sited on a residential lot. If the noise level at such line exceeds the permitted limit, the Company, after receiving written notice and a reasonable opportunity to cure, shall take corrective measures to eliminate such noise that exceeds the aforementioned threshold level. This noise restriction shall not apply at the entrance from Route 60 and the intersection with Route 685 (Miller Lane). Except for bird control, operations at the Facility shall not involve the use of any external speakers. 26. In lieu of the glare and lighting standards set forth in Section 74-588(a)(2) of the Zoning Ordinance, the following standard shall apply to the Facility: Once construction of the ancillary facilities located within the Facility are complete, the maximum illumination at the property lines of the Facility shall be limited to .5 foot candles. Permanent exterior lighting fixtures on the Facility property shall not exceed thirty (30) feet in height above grade level. The exterior lighting fixtures shall be "shoebox" or similar type capable of shielding the light source from direct view, except the lighting for the working area of the 6 ---PAGE BREAK--- landfill disposal area. Provided, however, this condition 26 shall not apply to the lighting required for the entrance, or the intersections with Routes 685 or 654. 27. In lieu of the odor standards set forth in Section 74-588(a)(9) of the Zoning Ordinance, the following standard shall apply to the Facility: The Facility shall implement as needed a landfill gas management plan with an odor control and corrective measures plan ("OCCMP") component. The OCCMP shall consist of the following elements: I) Objective, 2) Source Identification, 3) Reporting and Monitoring, 4) Operational Controls, and 5) Landfill Gas System. The plan shall comply with VDEQ regulations. 28. An active gas collection system shall be installed and operational within six years of the commencement of the Landfill's operations. 29. As approved by VDEQ, fly ash may be accepted at the Landfill solely for use as cover, construction material or road bed material, and shall be managed in compliance with all applicable federal and state laws, regulations and permitted requirements. 30. Permittee shall operate scales at the Landfill as identified in the Landfill Permi t and the Facility's Final Site Plan(s) to ensure the proper weighing of vehicles entering the Landfill. Scales will be ofa type and quality customarily used in the industry and shall be properly maintained and operated. 31 . Any Convenience and Recycling Center will be separated from the landfill disposal area and may be open to the public during posted hours. 32. Landfill Liaison. a. During the operation of the Landfill, Permittee wi II reimburse the County up to a maximum of $1 00,000 per annum, to defray costs and expenses of employing a County Landfill Liaison, which includes benefits and any other related costs, including without limitations, uniforms, vehicle expenses, cellular telephone expense, and tools and equipment. The amount of reimbursement shall be adjusted annually in January of each year, based on the Consumer Price Index for all Urban Consumers (CPI­ at a minimum of 1 % a year but no more than 3% per year based on year-over-year changes in the CPI-U. The Landfill Liaison shall be a County employee or independent contractor and shall not be an employee or contractor of Permittee. b. The Landfill Liaison's duties shall include monitoring and inspection of waste disposal practices at the Landfill and monitoring all requirements of any Host Agreement and zoning (including the Conditional Use Permit). The Landfill Liaison shall have access to the Landfill at all times during operating hours, and at such other times, upon prior notification to Permittee, as may be reasonable and necessary to perform his duties. 7 ---PAGE BREAK--- c. Subject to compliance with safety requirements prescribed by Permittee, which may include, without limitation, training, use of protective equipment and escort by Permittee's personnel, the Landfill Liaison shall have access to working areas of the Landfill to ensure compliance with the applicable Host Agreement and this Conditional Use Permit and with other applicable laws, regulations and permit requirements. d. The Landfill Liaison shall have access to Landfill records as necessary to ensure compliance with the Host Agreement, Conditional Use Permit and other applicable laws, regulations and permit requirements but shall not be entitled to review confidential business information. 33 . Safety and Security. Site Access and Traffic Flow. Access to the Landfill shall be limited to a single public access point from Route 60, and the access points that result from traversing Routes 685 and Route 654. These access points will be equipped with a gate which shall be closed and locked during non-operating hours. Access will be further controlled by personnel in the scale house. Permittee shall be responsible for initial screening of solid wastes entering the facility to determine the appropriate disposition within the landfill. As appropriate, sensors and video equipment, including radiation detection equipment, shall be used as part of the screening protocol. All residential deliveries shall be directed to the Convenience Center. Only commercial vehicles and Permittee owned vehicles will be allowed in to the working area of the landfill. 34. The initial cell area to be used for landfill waste disposal shall be located on the western portion of the Property identified as Western Fill Area on the master plan. The area identified as Eastern Fill Area on the master plan shall not be used for the disposal of waste for a minimum of ten (10) years after the commencement of landfill operations at the Facility. 35. Pelmittee will sweep the entrance road from the scale house to Route 60, and the intersection with Route 685, daily, weather permitting, excluding Sundays and Holidays. 36. To the extent not already addressed by other conditions herein, Permittee shall comply with County Code § 74-583(3)(a-q) and will submit all plans required under § 74-583(3) to the County prior to the commencement of operations at the Landfill and will satisfy and comply with all other requirements of § 74-583(3)(a-q). 37. Landfill Site Closure, Final Plan and Completion. a. Landfill Closure. The closure of the Landfill shall be in compliance wi th 9V AC20-81-160. No less than two years prior to the anticipated closure, Permittee shall develop a closure and post closure plan for review by the 8 ---PAGE BREAK--- County. The final closure plan must be approved by VDEQ prior to initiating closure. Permittee shall work with engineers, landscape architects and other professionals at the end of the term of this Agreement regarding the use of the Landfill following closure, including for the possibility of constructing recreational park facilities, athletic fields or other public uses at the site of the Landfill. b. Post Closure Care. The post closure care for the Landfill shall be in compliance with 9V AC20-81-l70. 1. As part of the closure and post closure plan for the final closure of the Landfill, Permittee will provide at least 25 acres ofland to the County for public use at the site of the Landfill. 38. The service area for the Facility shall be limited to within 500 miles of the Facility as measured horizontally. Provided, however, the Facility may accept waste for disposal from the continental United States if that waste results or arises from a natural disaster and is considered "Acceptable Waste" under VDEQ requirements and have been approved for the Facility. 9 ---PAGE BREAK--- WiLIlll 1~ 'IIl~Lr.YlTB«l"Q).lJIY l tJ OfI t:ut.~· Ol:l"~ IAo(DI r lQ,l 0MIIIJIlNrI0 ~ fWJ AlIt "'OT APP~O"M.T1: [NTRAN CE LOCATION - Po - rA N ~ CUMB . - _ COUN TY ERLAND ~ I COUNTY BORROW / SOCK.P[l..E AREA COJ!OIInNAL Inl. IIOrYlT EASTERN FILL AREA GR OVE ROAD RTE 654 PROPOSeD PRIVA TE ROAD RT[ 654 - - - . . ro~8lM'H(\· AltIAtl I-I'I 1 ,MlCU LM['> ~IY Cr$ SlJIIt"tC'I'~ f~ E - ~~ll j f U . ~ 1J >'I~i I s ~ II~ SO & b Ui E GJ~~ w ~ !i ,p (9 z 5~ :s < CL z ~ :J cr::~ s, o UJ day of May, 2018 by?It;lif KJt:. ( of American Timberland, LLC, a Dc./al,l.-a/fL limited liability company, on behalf of the company. Registration N II't _ _ My commission Expires: p~ -/3-cJ. D / ,Cj Notary Public JACKIE CHALLS NOTARY PUBLIC WARREN COUNTY, NC My Commission Expires 6-13-2019 ---PAGE BREAK--- wmak LIMITED POWER OF ATTORL~EY I, Aaron Carlisle, Jr., am the owner ofreal property located in Cumberland County, Virginia, with Tax ID Numbers 44-A-19-A (the "Property"). I hereby nominate and appoint William H. Shewmake to act as my/our true and lawful attorney-in-fact with authority to file any zoning applications, conditional use pennits, proffered conditions, variances, special exceptions, conditional uses, amendments, or any other associated documents relating to the Property, and to take any other actions in connection with and relating to, obtaining a conditional use permit, conditional use, or special exception for, or a rezoning of, the Property. This limited power of attorney is valid for a period of one year after the execution of this limited power of attorney or upon its written termination that is delivered to the Planning Director for Cumberland County, Virginia, with a:/py to William H. Sh Signature:--A~ Printed Name: Aaron Carlisle, Jr., COMMONWEALTH OF VIRGINIA COUNTY/CITYOFI\~ ~ : The foregoing instrument was acknowledged before me m~ this day of April, 2018 by AA.Qo ~ j} (zj of?-~ N~ Registration No.: J-Of)&-Sr . My commission Expires: 0 ~ 7 JI I • ---PAGE BREAK--- LIMITED POWER OF ATTORNEY CWV Land Acquisition, LLC, is the owner of real property located in Cumberland County, Virginia, with Tax ID Numbers 44-A-36, 44-A-13, 44-A-14, 44-A-22, 44-A-19 (the ·'Property") CWV Land Acquisiti n, LLC hereby nominates and appoints William H. Shewmake to act as i1S true and lawful attorney-in-fact with authority to file any zoning applications, conditional use permits, proffered conditions, variances, special exceptions, conditional uses, amendments, or any other associated documents relating to the Property, and to take any other acti ns in connection with and relating to, obtaining a conditional use permit, conditional use, or special exception for, or a rezoning of, the Property. This limited power of attorney is valid for a period of one (1 ) year after the execution of this limited power of attorney or upon its written termination that is delivered to the Planning Director for Cumberland County, Virginia, with a copy to William H. Shewmak . . TATE/COM ONWEALTH OF N ew BY'r' Its: ovk OUNTYlelTY OF ,to-wit: The foregoing instrument was acknowledged before me1>adSer Urtv,sno thi~ day o f~ . 2018 by Je"CJ S' . Citdr ofCWV Land Acquisition, LLC, a Vi rgtn, ·CA limited liability company, on behalf of the company. Notary Publlc Registration No. 0 \ 0 4. etc.1 0 J- 1'1 My commission Expires: l~ \3Q\d \ BRIDGET COTUGNO N otary Public, State of New York No. 01 C04990274 Qualified In Saratoga county '1 Commission Expires Dec. 30, 20.. I ---PAGE BREAK--- LIMITED POWER OF ATTORt~EY Ellis M. Palmore Lumber, INC, is the owner of real property located in Cumberland County, Virginia, with Tax ID Numbers 45-1-41 and 45-1-40 (the "Property") Ellis M. Palmore Lumber, INC hereby nominates and appoints William H. Shewmake to act as its true and lawful attorney-in-fact with authority to file any zoning applications, conditional use permits, proffered conditions, variances, special exceptions, conditional uses, amendments, or any other associated documents relating to the Property, and to take any other actions in connection with and relating to, obtaining a conditional use permit, conditional use, or special exception for, or a rezoning of, the Property. This limited power of attorney is valid for a period of one (1 ) year after the execution of this limited power of attorney or upon its written termination that is delivered to the Planning Director for Cumberland County, Virginia, with a copy to William H. Shewmake. Ellis M. Palmore Lumber, IN: By: Its: •fJ~d~ STATE/COMMONWEALTH OF y,fr,.j()/4 COUNTY/CITY OF ~6a& , to-wit: 11_. A ~ The foregoing instrument was acknowledged before me -:KS)I( A JIl 11 day 0~ 18 by 'tb~t~ of Ellis M. Palmore Lumber, INC, a limited liability company, on behalf of the company. Jessica N. McDonald Notary Public Registration No. '(PCC() 3 wt..f My commission Expires: ·2.02.0 Commission 7680364 Commonwealth of Virginia My Commission Expires NOV.30, 2020 ---PAGE BREAK--- Elli::ore L: e>7C Its: V~'cC Pf]£SIM STATE/COMMONWEALTH OF VI~I1\)'ll\­ COUNTY/CITY OF ,to-wit: The foregoing instrument was acknowledged before me this ~day MIli'{~· 2018 by .!::t\V'ID E· Pt\1..UlE of Ellis M. Palmore Lumber, INC, a limited liability company, on behalf of the company. Jessica N. McDonald Registration No. 7(Q<6o~Ll Notary Public My commission Expires: \ I .?D.2-0 20 Commission 7680364 Commonwealth ofVuginia My Commission Expires Nov.30, 2020 2 ---PAGE BREAK--- LIMITED POWER OF ATTORNEY Green Ridge Recycling and Disposal Facility, LLC, hereby nominates and appoints William H. Shewmake to act as its true and lawful attorney-in-fact with authority to file any zoning applications, conditional use permits, proffered conditions, variances, special exceptions, conditional uses, amendments, or any other associated documents relating to any real property located in Cumberland County, Virginia, and to take any other actions in connection with and r laling to, obtaining a conditional use permit, conditional use, or special exception for, or a rezoning of, such rea] property. This limited power of attorney is valid for a period of one year after the execution of this limited power of attorney or upon its wri tten termination that is delivered to the Planning Director for Cumberland County, Virginia, with a copy to William H. ~h wmake. GREEN RlDGE RECYCLING AND DISPOSAL FACILlT ,LLC By: TATE OF Ne.w \jeJrk CO TY/CITY OF s'rcc60c.... , to-wit: The foregoing instrument was acknowledged before m~ t{\'dget {6~l\hiSJi day of May, 2018 by 1ev!j S. C~ of Green Ridge Recycling and Disposal Facility, LLC, a limited liability company, on behalf of the company. Its: No ry Public _ egistration No. U1GD CtC,u.} ILl M y commission Expires: Id 100 I :IOd--1 BRIDGET COTUGNO Notary Public, Stale of New York No.01C04990274 Qualified in Saratoga Countv_-J I Commission Expires Dec. 30, 21J':;J ---PAGE BREAK--- LIMITED POWER OF ATTORNEY I, Curtis Franklin Marion, am the owner of real property located in Cumberland County, Virginia, with Tax ID Numbers 38-A-7 (the "Property"). I hereby nominate and appoint William H. Shewmake to act as my/our true and lawful attorney-in-fact with authority to file any zoning applications, conditional use permits, proffered conditions, variances, special exceptions, conditional uses, amendments, or any other associated documents relating to the Property, and to take any other actions in connection with and relating to, obtaining a conditional use permit, conditional use, or special exception for, or a rezoning of, the Property. This limited power of attorney is valid for a period of one (1 ) year after the execution of this limited power of attorney or upon its written termination that is delivered to the Planning Director for Cumberland County, Virginia, with a copy to William H. Shewmake. Signature: Printed Name: Curtis Franklin Marion COMMONWEALTH OF VIRGINIA COUNTY/CITY OF CillnbUldJ'd , to-wit: The foregoing instrument was acknowledged before meSh(hlo.UV\tv'nrffihis ~ay of . M~ , 2018 b£'m16kQj)(j,Q tJ'\w-;ro. ~tUD l_!f'4~k ~r Notary Public Registration No.: '1St ~ My commission Expires: I I aJa, J ---PAGE BREAK--- LIMITED POWER OF ATTORNEY I, JOHN H. WICK Ill, is the owner of real property located in Cumberland County, Virginia, with Tax ID Numbers: 45-2-2-A and 45-2-2-B (the "Property"). I hereby nominate and appoint William H. Shewmake to act as my true and lawful attorney-in-fact with authority to file any zoning applications, conditional use permits, proffered conditions, variances, special exceptions, conditional uses, amendments, or any other associated documents relating to the Property, and to take any other actions in connection with and relating to, obtaining a conditional use pennit, conditional use, or special exception for, or a rezoning of, the Property. This limited power of attorney is valid for a period of one year after the execution of this limited power of attorney or upon its written termination that is delivered to the Planning Director for Cumberland County, Virginia, with :10 vy. to William H. Shewmake. . Sign at ure: . Printed Name' John H. Wick ill COMMONWEALTH OF VIRGINIA § UN!yCITY OF k\et\.(jc..D ,to-wit: The foregoing instrument was acknowledged before me day this Of~ , 2018 by OJeA~~SA Y'\Rtl~ Notary Public Registration No.: dY 00 Clq My commission Expires:JCt 0 )d.Qa..Q ---PAGE BREAK--- LIMITED POWER OF ATTORNEY We, John H. Wick ill and Mary R. Wick, are the owner(s) of reaJ property located in Cumberland County, Virginia, with Tax ID Number 44-A-21 (the "Property"). We hereby nominate and appoint William H. Shewmake to act as my/our true and lawful attorney-in-fact with authority to file any zoning applications, conditional use permits, proffered conditions, variances, special exceptions, conditional uses, amendments, or any other associated documents relating to the Property, and to take any other actions in connection with and relating to, obtaining a conditional use permit, conditional use, or special exception for, or a rezoning of, the Property. This limited power of attorney is valid for a period of one year after the execution of this limited power of attorney or upon its written termination that is delivered to the l Planning Director for Cumberland County, Virginia, with a c py to/lW9liarn H: Shewmake. Signature: ttl- I/Y W/4l. ~ Printed Nami John H. Wick III / COMMONWEALTH OF VIRGINIA euiiY/CITY OF \:\enCl c..O ,to-wit: The foregoing instrument was acknowledged before me - this \ 8+ day of=2018 by A- Oa Notary Public Registration No.: 'd 40Q~'1 My commission Expires: :ICv) aO ~ } C11'JV ---PAGE BREAK--- Signature: Printed Name: '7n ~ Ii'. W I COMMONWEALTH OF VIRGINIA ~OU5/ClTY OF :b\2rci(O ,to-wit: s\ The foregoing instrument was acknowledged before me On this\-=- day O~l , 2018 by (YIe\\ Ss.c... A . tvU. A..-'1:JojLbd Notary Public Registration No.: ;2'-\0€>0l9 My commission Expires: J4.C, ~ Signature: Printed Name: _ COMMONWEALTH OF VIRGINIA COUNTY/CITY OF to-wit: The foregoing instrument was acknowledged before me _ this day of April, 2018 by Notary Public Registration No.: _ _ My commission Expires: 2