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01-10-1991 Continued Meetingu ~ ~ 14 ~;:. ~'~'.~ it CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS .HELD THE TENTH DAY OF JANUARY IN THE YEAR NINETEEN HUNDRED NINETY ONE PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice .Chairman Steve W. Edwards Thomas L. Ross Richard L. Turner (Arrived at 7:35 P.M.) Also Attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Casket', Assistant County Administrator/Community Development Carey H. Mills, Assistant Clerk Chairman Bradby called the meeting to order at 7:00 P.M. The invocation .was delivered by Supervisor Edwards. // Supervisor Ross moved .the Board hold the public hearings of the following conditional zoning and special- use permit applications together. The motion passed (4-0) of those members present. A. The application of Norfolk and Western Railway. Company for a change in zoning classification .from A-1, Agricultural Limited to Conditional M-2, Conditional Industrial General, 913.b81 acres of land, more or less, located east of Route 610, east of Route 609, north of Route -632, west of Route 607, and southwest of the Norfolk and Western Railroad, in Windsor Magisterial District. A portion. of Route 608 crosses the proposed site. The purpose of the application is for the construction and operation of railroad facilities to include coal ground storage facilities. B. The application of Norfolk and Western Railway Company for a Special Use Permit for construction and operation of railroad facilities, including but not limited to coal ground storage on 913.681 acres of land, more or less, located east of Route 610, east of Route 609, north of Route 632, west of Route 607 and southwest of the Norfolk and Western Railroad, in Windsor Magisterial District. A portion of Route 608 crosses the proposed site. The purpose of the application is for the construction and operation of railroad facilities to include .coal ground storage facilities. Supervisor Edwards stated his personal residence is less than one mile from the proposed facility and because of a possible detrimental economic impact or a positive economic impact he does have a technical conflict on the application, although it is the type of conflict that requires that he only note it for the record. and state that even though this technical conflict does exist that he feels that he can fairly and impartially consider the issue. William K. Barlow, attorney in Isle of Wight County representing the applicant Norfolk & Southern Railway, stated that in 1982 there was a corporate reorganization resulting in Norfolk Southern being formed with the subsidiaries being Norfolk & Western Railway and locating in Norfolk, Virginia with the representatives of the project being concerned about the project and Isle of Wight County. Mr. Barlow further stated that for many years .Isle of 1 ' ~ aa~K ~~ r~.~gOfl Wight has had a goal of bringing in clean industrial growth and that he felt this project met this goal and would be environmentally sound and not harmful to the County and that in response to the numerous objections, Norfolk Southern had worked diligently to meet the objections from the Planning Commission and .opposing parties which included amending the proffers twice. Mr. Barlow continued. that with time and as more citizens reviewed the video tape, more support for the facility has emerged with the Planning Commission voting. to recommend the project to the Board of Supervisors and, in regard to those opposing the project, .Norfolk Southern has continued to try to work with them in-order to meet their objections and still meet their business goals. Mr. .Barlow stated that Supervisor Edwards has worked closely with the opposing group and was able to obtain .written suggestions which Supervisor Edwards forwarded on to the representatives of Norfolk Southern requesting them to review the suggestions in detail and. than Norfolk Southern had reviewed the suggestions.. Mr. Barlow concluded his presentation stating that with the expertise that .Norfolk Southern has, it should not be difficult for them to comply with all the environmental concerns, that there are other very strict agencies that will review the process very closely, and .that the Board of Supervisors must place a certain amount of faith in the governmental agencies which must also. approve the application. G. E. Drake, Chief Engineer of Design and Construction,.stated his office had responsibility for design and construction of the facility and that Norfolk Southern has recognized a need for ground storage of coal for over twenty years and Comm-fitted $100,000,000 to build the facility. Mr. Drake further stated when Norfolk Southern appeared before the Planning Commission in early 1990, no project design had been started although they knew what they wanted the facility to accomplish, what shape the terminal would have, how it would fit on the site, and most of the things which needed to' be addressed to obtain the permits, such as the collection and recirculation of the rainwater to suppress the coal dust, minimize the use of ground water, minimize the disturbance of wetlands, and not release harmful pollutants to the ground, water or air. Mr: Drake appealed to the Board to approve the request for rezoning and allow them to address the engineering .and environmental .issues in the forums set aside-for these purposes and that the concerned citizens and the Board would have ample opportunities to address each issue before permits were obtained with County Administration being presented opportunities prior to any construction activity to assure that their plans comply with -State and federal environmental requirements and existing County building codes. Bruce Hale, Roberts & Scheifer Company, stated he served as the Project Manager and that no longer do responsible governments allow minor or major projects to be designed and constructed without a thorough review of the short and long-term impacts on the environment. Mr. Hale continued- that the. sponsors of the new facility must assure that the Zoning requirements are met; therefore., the zoning commissions and boards are approached with a request to rezone and the requirements of these boards must be complied. with if the project is to be constructed. Following rezoning, the sponsoring company will pursue the detail design and the. process of design is observed in the early stages of design. It is here that the objectives of the company,- the experience of the engineers, and the concerns of the public must all be addressed. The permit applications which need to be prepared .will. show. that the proposed facility will meet the air quality requirements, water withdrawal and discharge requirements. Wetlands disturbance and mitigation requirements can only be completed in concert with the. development of the final arrangements drawings. In the last phase, adjustments are made to bring the project into .compliance with safety permit and serviceability requirements of the project .with some areas possibly requiring adjustments or modifications which may include redirection of-the lighting, adjustment of the water sprays for dust control, changes 2 ~~~~ ~_4 .. ~8t}~ in treatment chemicals and/or quantities, and operational changes. 1 Robert Powell, attorney of Williams Kelly & Greer in Norfolk, stated .he has been working on the project for so long and feels sincerely that it is a good project that it is hard to try to pick out and address adequately some of the concerns. Mr. Powell continued regarding air quality, Norfolk & Southern had .installed two testing stations on the site to determine what the current conditions are with a 120 foot tower located on the site to serve air monitoring purposes.. Mr. Powell stated these were located with the guidance of the Virginia. State Air Control Board and will remain in place following construction, that conveyors are more prone.to create dust which will be entirely enclosed on all four sides and. the transfer points and the coal will be sprayed with 'water to keep dust within .permitted levels. The rotary dumper will be closed and sprayed, the coal piles will be flattened on top to minimize any impact of wind and the cars will go under the silos to be filled which will be closed and ..the coal will be sprayed prior to the last transfer point. In .addition, the spraying' equipment will be capable of handling or applying a wetting agent in an effort to help the water adhere to the coal. Emissions on the site will be substantially less than what federal regulations permit for coal miners and. Norfolk Southern .bought back timbering rights from Union-Camp so that the timber would remain as a buffer.. Mr. Powell stated that with regard to water, Norfolk Southern indicated that they will attempt to maximize the recycling of water. and to minimize the amount of water which is taken from the ground and that extensive studies -have been undertaken to determine hoc i much rainfall lands or impacts the area, how much rainfal can bc: captured, how much will evaporate, how much will stay in the coa'L piles during spraying, and how much net water will be obtained fo:r spraying. Mr. Powell stated: that in the rezoning- application a proffer was included which stated that if anyone's well within five miles of Norfolk Southern's well was deprived of their water supply due to the operation of the facility, Norfolk Southern would at its own expense provide the property owner. with a suitable. alternate water supply. Mr. Powell stated. that all water which comes in contact with the coal would be collected, treated and recycled with the exception of a small. amount that would be discharged over a one or two day period during the entire year in the. event of a twenty five year storm and all of the discharged water would be treated in accordance with requirements of any permit issued by the State Water Control Board. Mr. Powell stated Norfolk Southern had been .asked to Took into alternatives for discharging water in Eley Swamp although at this time it did not look very promising and other ways were being looked into as far as discharging it or not discharging it, such as creation of a retention pond. There. will also be a series of treatment ponds in which settlement of solids would be allowed to settle and that settlement-would periodically be removed from the ponds and be sold and reused... Lynn Dutton presented an aerial photograph which illustrated the configuration of the facility and which showed the area is covered by trees. Ms. Dutton stated of the total 1,60.0 areas, 1,100 were wetlands and of these wetlands, only 317 .acres would be disturbed with- only 240 of these wetlands being classified as jurisdictional wetlands. Ms. Dutton continued that as areas grow, needs develop in the local jurisdictions for certain services and for certain construction which need financing and that the County has perceived that these .things are best financed by an entity that can come into the community and pay substantial taxes. on :their endeavors and not require more classrooms, more roads or mare sewage disposal services. Ms. Dutton stated in order to answer all questions presented to Norfolk Southern by the Planning Commission and federal and State permits, Norfolk Southern has completed. numerous studies based on the. criteria presented to Norfolk Southern by the agencies involved. Ms. Dutton stated. that in addition to the 60 newly created positions in the coal facility, the payroll generated would be over $2,000,000 with a percentage of this payroll being distributed over the County. 3 1 1 • .. BOCK ~~ iGl;•'~~~~ Chairman Bradby called for citizens to speak in favor. William K. Barlow stated that due to a conflict in schedules, Senator Holland, Fred Bailey and Dr. Earle Strickland .could not be in attendance at the meeting tonight to voice their support of the facility. W. Douglas Caskey, Assistant County Administrator/Community. Development,. stated he had been requested by the Chairman to read into the record the following resolution provided to the County by the Town Council of the Town of Windsor: Resolution resolve that the Town Council of the Town of Windsor endorses the application of Norfolk and Western Railway Company fpr a Special Permit to construct and operate a coal ground storage facility in Isle of Wight County; and, It is further resolved that the Board. of Supervisors of Isle of Wight County is urged to make as a priority goal the construction of a grade separation at an .appropriate location in the Town of Windsor. Mr. Caskey further read the following letter received from Senator Richard J. Holland: January 8, 1991 Gentlemen: Norfolk and Western Railway Company is a wholly owned subsidiary of Norfolk Southern Corporation and has made application for rezoning a track of real estate located in Isle of Wight County near Windsor. I understand this matter will be considered by you at a meeting to be held January 10, 1991. Due to a prior commitment, I will be unable to attend the meeting; however, I. wanted you to have my thoughts on this matter. Norfolk Southern Corporation is headquartered in the Commonwealth of Virginia and has been an outstanding corporate citizen for many years. As you know, I am currently serving in the Senate of Virginia as a State Senator. I have had a number of negotiations with the Department of Air Pollution Control and the State Water Control Board. I have the utmost confidence- in both these Boards to ensure all environmental concerns are addressed before issuing the necessary permits in order for Norfolk and Western to commence their operation as a full ground facility. In addition to .the aforementioned Boards, the .necessary federal permits must be obtained. I have been a resident of Windsor all of my life and would not recommend anything that would adversely affect the citizens of Isle of Wight. County or the Commonwealth of Virginia. I strongly recommend that you vote favorably on the rezoning application subiect to .Norfolk and Western obtaining the necessary permits. Thank you .for your consideration of this matter. Mr. Caskey read the following letter into the record from Gerald Gwaltney, Isle of Wight County Commissioner of the Revenue: .January 10, 1991 Dear Mr. Standish: I would .like to express my support. for approval of the Norfolk Southern coal storage facility. In this time of economic recession, the burden of financing local government will be extremely difficult on the average home owner. The .potential revenue that this facility will bring to Isle of Wight County will help broaden our tax base. This operation will certainly increase our revenue source and at the same time, require few services. Mr. Caskey read the following letter into the record received 4 1 LI r QQ~~ by Beryl Perry, Isle of Wight County Treasurer: January 10, 1991 Gentlemen: 1 In regards to the proposed coal storage facility for the Norfolk Southern Railway, I would .like to express my best wishes. for this project. I am in day-to-day contact with tax payers who have been expressing great. concern over the recent increase in tax assessments. I believe we need to offset the burden with sound environmentally safe industrial growth. I believe the Norfolk Southern Railway will try its best to be a good neighbor in the ' .County of Isle of Wight. I would ask the Board to support this project when it has satisfied-itself that Norfolk Southern will not adversely affect the environment. Mr. Caskey.read the following letter from Harold C. Taylor,. retired Sheriff for Isle of Wight County, into the record: January 9, 1991 Gentlemen: 1 ~i I regret that I cannot attend the January 10, 1991 meeting of the Board of Supervisors; therefore, I would like to share my thoughts with you concerning Norfolk and Western Railway Company's rezoning request for property located in .Isle of Wight County.. I have .lived, except for the .years I spend in the United States Navy and War World II in the Korean Conflict, alongside Route 460 and. Norfolk Southern from just south of Lynchburg, .Virginia through Farmville, Virginia down to Windsor. I know of no better .corporate neighbor than Norfolk Southern. They are very gracious with their expertise in laying out and assisting localities in a number of ways. Matters of this magnitude require much thought and preliminary ground work; thus, the State say fit to enact various boards, wetland and environmental protection agencies, water control boards, and of course, the Corps of Engineers. This coal facility is vital to Isle of Wight and to the world. Without it, we are towing with the balance of world trade. Our losses would range from job loss, our mining machinery, transportation dock and merit time loss. If we take the position of let the western states or other nations do it, we lose a great part of our need .for Virginia ports authority. We could cause other countries who use coal to manufacture products essential to our well being, not to be able to produce these products., thereby affecting the nation's welfare, as well as ours. As a retired Constitutions Officer of -Isle of Wight County and ex-member of this Board, I respectfully remind you that the taxes collected on houses, farms, packing plants, wood industry, and-lots recently purchased, simply cannot bear this burden. I find it hard to realize that some people seem to think. that because they have a home in the rural part of Virginia that they can have all the good things for a good-life that are normally offered through taxes without industry to pay the bills. Lt can not be done. It doesn't take a scholar to realize these facts. We must have industry. This matter now rests in your hands. You have one and only one responsibility - to do what is right for the people. I respectfully ask that you .approve this request. Mr. Caskey read the following letter from Armstead Jones into the record: January 10,.1991 Dear Mr. Standish: I have followed with great interest the developments relating to the proposal of Norfolk Southern Corporation coal storage facility. I am very much in favor of the project and I am certain it will 5 ~ ~~ ultimately benefit not only-the immediate Windsor area,. but also the entire County for many years to come. Unfortunately I will be unable to attend the public hearing on January 10, 1991. I would appreciate .your informing the Chairman of the Board, Mr. Henry Bradby, of my .support of this facility. Mr. Caskey read the following letter from Gurley A. Barlow into the record: January 10, 1991 Gentlemen: As you know, I served on the Board of Supervisors of Isle of Wight County for fourteen years. In all of those years, I never had the pleasure of anyone appearing before the Board that wanted to give something to the County. Now that we have a good corporate citizen, Norfolk Southern, that wants to give the County something, that in my opinion, would be a great asset. Please don't turn them down. Mr. Caskey.read the following letter from Howard W. Gwaltney into the record: January 10, 1991 Gentlemen: I wish again. to affirm my endorsement of Norfolk Southern Corporation's endeavors to build its coal storage facility in the Windsor. area, provided it meets your requirements. I have been familiar with Norfolk Southern for many-years and know that what they agree to do, they will do, and have the financial .ability to do so. The Windsor area and our County need some awakening, plus more jobs and taxes. A positive vote for this facility could be your best one in all of the 1990's. Fred Walls, President of the Isle of Wight/Smithfield Chamber of Commerce and a Hardy District resident, appeared stating that with the cutbacks from federal and State governments, the County now has more tax responsibilities and a need for a tax base in the County and that the study earlier commissioned for industrial development. showed the prime area for development should be the. Route. 460 corridor and that the project will also. meet the need for sewer. Connie Rhodes, Executive Director of the Isle of Wight/Smithfeld.Chamber of Commerce, .appeared stating Isle of Wight County's tax burden and demands upon local government services had grown significantly in recent years and that the Chamber of Commerce believes the County should pursue compatible new business. David Hardy, resident of Hardy District, appeared stating he had belonged to the Industrial Development Authority for fourteen years and had worked hard to bring the right kind of industry into the County. Mr. Hardy stated he was pleased to know that Isle of Wight County may have industry coming into the County that is not. a threat to existing industry on either end of the County. Dr. A. L. Rogers, Chairman of the Industrial Development Authority, appeared stating that Isle of Wight County's industrial growth has been hampered by the lack of prepared industrial sites to include water, sewerage and wetlands concerns. Dr. Rogers stated the Industrial Development Authority feels that the proposed facility will bring new jobs, prosperity and future growth to the County, as well as a fine quality of life for the citizens in the County. Harold Blythe of Walters appeared. stating that he is currently 6 ~I 11 r ., ri;b:. serving as a member of the Equalization Board and that the tax revenue that can be generated by homeowners and retail businesses is not sufficient to meet the needs that the County will have in the future to make the County what it should be. Mr. .Blythe continued that the County needed the industrial base as well and that he feels like the County has the opportunity to correct this. situation with Norfolk Southern. 1 Harry Young of Windsor appeared stating that he supported the Norfolk Southern project and that he had over forty years of engineering experience and had made a comprehensive investigation of the proposed facility and concluded that the facility would have little, if any, environmental impact. Cecil Gwaltney of Smithfield appeared stating that he felt the County should seek industrial development for additional 'tax revenue. Mr. Gwaltney continued that the Norfolk Southern proposed facility was one of the best organizations 'the County has had offered to them and-urged the Board to support the applications. Regenia Johnson of Windsor stated she grew up in a railroad town which did not result in detrimental environmental impacts on the land. Ms. Johnson stated she would like for the proposed. facility to come into the County because she believed Norfolk t Southern to be a good company and would do what they say they would do and that the Board should send Norfolk Southern on to the regulatory agencies asking them to look over the plans and decide without being. impartial to the situation. Ronald.Pack, Hardy District, appeared stating that six years ago he was appointed to serve on the County's first Economic Development Committee and was fortunate enough to go to school on behalf of the County and was taught to look for clients like ..Norfolk Southern who would generate new tax. revenues for the County. M. H. Robertson appeared stating. he was in favor of the project stating he has dealt with Norfolk Southern for forty years and found them to be a good reputable company that would be good for the County and who did what they said they would do. At .9:05 P.M. Supervisor Ross moved the Board take a ten minute recess before hearing the opposition. The motion passed by unanimous vote (5-0). At 9:15 P.M. the Board returned to open session. Chairman Bradby called for citizens in opposition. Christine Weaver, twelve year old seventh grader, stated she did not want to see coal piles and heavy machinery over the tops of trees and -urged the Board to get. adequate .answers to the questions raised before the Board made a decision. Lucas Weaver, ten year old `fourth grader, stated his family had talked of moving if the proposed .facility is built and that he is concerned about the environment and that he plans to become a marine scientist. Mr. Weaver continued the decision made now will make a difference in his adult life and for his children.- 1 Pete Green, Route 638, stated he was concerned that Isle of .Wight County has no other available water to the citizens of the County other than ground water and that the ground water is .and has been declining since the early 1900's. Mr. Green urged the Board to consider the cumulative effect of ground water withdrawal which could be potentially damaging to all and possibly table the vote tonight to allow the Corps of Engineers and the State Water Control Soard to do their studies and determine what, if-any, damage would be done .to the groundwater. Mr. Green continued that if the Board must vote tonight at least consider that the County owns the wells 7 I .~~~ ~~~K ~4NP:~-8(~ and meter and sell the water to Norfolk Southern-which would give the County some control over the volume of water. Duncan Shermer, Pastor of Western Branch Baptist Church, stated that White Drive has been slated to be closed or detoured and twenty members of his church use this road to come to church which would restrict access to the church. Pastor Shermer continued he felt that when more trains began to access the coal yard, it would restrict and change the community in the future. Connie Carter of Windsor stated she was concerned about the water and wanted. to know where the water would come from. Ms. Carter continued she had heard about coal piles self igniting and continuing to burn for years and that she also thought it needed to be clearly stated as to what Norfolk Southern would put at the proposed site. Ms. Carter urged the Board. to table their vote and take time to consider all aspects involved and get the reports from the Corps of Engineers. Arthur Whitener of Suffolk stated he had ninety acres of land in Isle of Wight County and was an adjoining property owner to the proposed site. Mr. Whitener stated he did not feel Norfolk Southern has adequately assessed the environmental impact. of the facility and the proffers submitted lacked objective standards and that it cannot be determined wh-ether or not compliance is occurring.. Mr. Whitener asked the Board to consider proffers .such as a escrow account to compensate any Isle of Wight or Suffolk- resident for losses sustained due to the operation of the facility and the ability of Isle of Wight to close the facility down. when Norfolk Southern is in violation of any of the laws or .proffers. Mr. Whitener recommended the Board deny the application or at least defer it until all citizens' concerns .have been adequately addressed. Steve Russell, Carrsville District, stated the environmental studies completed by Norfolk Southern are flawed and totally inadequate due to their lack of proper alternative analysis. Mr. .Russell continued he is an environmental engineer with the State and has been for the last fifteen years and is also an expert in wetland analysis, delineation and. mitigation and also knows when environmental assessments are done properly. Mr. Russell continued he did not have a problem so much. as what Norfolk Southern is .proposing to do as where Norfolk Southern is proposing to do it and that he felt Norfolk Southern had. picked an extremely poor .site because the project is being located in over 1;000 acres of non- tidal wetlands at the headwaters of the Hampton Roads public water supply, Sherry Russell, 10067 Joyners Bridge Road, stated she would like the Board to deny the applications and that she felt Norfolk Southern wanted to be the best neighbor they. could be and if nothing .happens the County will be fine, but what happens if something goes wrong, such as a hurricane; can the settlement or treatment ponds handle that kind of disaster.. Ms. Russell. continued there is only one way to affectively clean up pollution and that is to keep .that pollution .from happening to begin with. James Spaceck, Utility Director for Portsmouth, stated the Board had received letters from the City Manager and the Mayor expressing the City's concern over the site of the proposed project asking that the Board delay approval of the project until Norfolk Southern can adequately study the long-term impacts on Portsmouth's water supply. Mr. Spaceck requested the Board delay approval until the impacts can be adequately studied which can be accomplished by Norfolk Southern taking samples of the coal intended to be put in the coal piles and run the appropriate studies to determine what. may leach out and what treatment may be required to protect the water quality of both Eley Swamp and the Lake Cahoon reservoir. Mr. Spaceck urged the Board to defer their action until Norfolk Southern-can do definitive studies to show that water quality will n r 8 .. u not be degraded and if the County approves the application tonight that the County put specific requirements within the approval which would require Norfolk Southern. to do the pilot studies and require them to put permanent monitoring at Eley Swamp, Chris Jones, member of the Suffolk City Council, appeared representing the Chuckatuck Borough of which parts are adjacent to the proposed site. Mr. Jones stated the Board had received a let-ter from the Suffolk City Manager and asked if the mitigation plan was not made between. Norfolk Southern, Isle of Wight .and Suffolk, could it be legally enforced in Suffolk.. Mr. Janes stated .Suffolk had requested the monitoring wells be placed outside the vicinity of the jurisdictional boundaries between Isle of Wight and .Suffolk.. Mr. Jones requested that consideration be given that instead of using a twenty five year storm event that a hundred year storm event be-used in regards to the holding ponds which would go a long way in alleviating fears and concerns with regards to the environment in regards to overflow and. runoff. Mr. Jones. also requested that consideration be given to traffic impacts. Wayne Boyce of Suffolk stated his concern was for health and noise and that he did not wish to listen to the cars being unloaded and to be bothered by the light that would be generated. Mr. Boyce commented that Norfolk Southern was using other property owner's trees for their buffer zone and urged the Board to deny the applications. Mark Taylor, 250 Tyler Drive, stated he was opposed to the location of the coal facility because of the .lack of concern for the area residents shown by Norfolk & Southern and asked what the "other uses" would be for the coal facility. Mr. Taylor stated he was also. concerned about the need for an overpass which may be needed in case of afire i.n the facility and traffic problems which may. occur from train crossings. Thomas E. Perlick, Tidewater .Campaign Coordinator for Clean Water Action, stated there are economic benefits and environmental costs to the issue. Mr. Perlick stated the Clean Water Action has concerns with the impact of the wetlands and the impact of the coal piles on the drinking water supplies for southside Hampton Roads and. urged the Board to defer any decisions on Norfolk 8outhern's proposed facility until independent studies are completed on the impact of the coal piles on the drinking water supplies. Bill Leggeter of Lake Prince stated he was concerned about the . traffic impacts and the noise created while unloading the cars and that if the Board approved the applications he would sell his .property because he did not feel it was worth the risk of the environmental impact which could be realized. Edward Canaban stated he believed decisions should be made at the local level and not the regulatory agencies and urged the Board to get the reports back from the Corps of Engineers and the State Water Control Board and consider what can happen to the environment twenty years dawn the road .before voting on the applications. Robert Dean of Virginia Beach talked about, the unseen and unknown aspects of the issue and requested the Board to remember that the right to do something does not mean that doing it is right. 1 Mary Green of Suffolk stated. her home was less than a mile from the proposed facility and that facts had been brought forward at the meeting stating that the proposed facility will pollute the surround-area. Ms. Green urged the Board to have the appropriate State agencies complete their studies before voting. Chuck Trobb of Virginia Beach stated the proposed facility is in close proximity to the drinking water supply for the Hampton Roads area and urged the Board to delay their vote until- the 9 ~O~K ~~ r;;;OVU questions which have not been answered can be resolved. Mary Lee Norden of Suffolk stated that the proposed facility was undesirable in both a residential and commercial area and that if Norfolk Southern was to be taxed as a public utility, she could not see the great benefit in tax revenue. Ms. Norden. urged. the Board to delay their vote until the concerns of .the citizens are' dealt with to the satisfaction of all concerned. Ray Mason of Windsor stated the $250,000 a year received from Norfolk Southern in taxes would only go to the State government and the County could not count on the State returning all of it to the County and the jobs generated may not come from Isle of Wight County. Mr. Mason continued that he believed Isle of Wight had a good prospect of becoming one of the nicest communities in the Tidewater area if the proposed facility is'not built. Melissa Covax of Windsor stated that the majority of Windsor residents are against the proposed facility and that she had. talked to a number of residents from Suffolk who are talking about a lawsuit if they are adversely affected by-the facility. Larry Post of Windsor stated he wanted to express his concerns over the coal dust in the air and-the lack of fire protection.. Mr. ' Post continued that a soil cement liner will permit ground water contamination and that he was concerned about having to prove that. his well has gone dry due to the impact the proposed facility will have on the ground water supply. Mr. Post. also stated concerns with noise, increased light, and buffering and urged the Board to learn all they can from independent State agencies and contractors before voting on the applications. .Ray Minx, former Regional Director for the State Air Pollution Control Board, stated coal with a freshly exposed surface will repeal water and wetting -then becomes difficult. Mr. Minx continued that coal in large piles presents a problem in that it is emitting coal dust twenty four hours a day and that there are stringent regulations governing all discharges although the extent to which it can be enforced is one key to effective control. Mr. Minx continued that a situation can be reached where the County cannot enforce the regulation and the integrity of the facility owners and operators is another key to control. Mr. Minx suggested to the Board that they look at the track record of Norfolk Southern to determine how well they have controlled their facility; that anyone who relies on litigation to resolve environmental matters. does not have the welfare of the public at heart; and to beware if it is suggested that litigation be the means of 'resolving grievances. Mr. Minx warned that a stop operations order will not stop the emissions of coal dust and that only removal-of the pile. will accomplish this and suggested that pre-arranged -non- compliance monetary. penalties be considered. - Theresa Weaver of Carrsville stated the Board had received a lot of information tonight and many issues raised as a result. Ms. Weaver continued that once a business such as the proposed coal facility is established in this locality only. like businesses will be attracted to this area. Chairman Bradby called for comments by Board members. Supervisor Bradshaw stated. the citizens of Isle of Wight County needed to learn to work with the Board and that he thought Norfolk Southern had done a good job in putting all the information together.. I Supervisor Turner asked County Attorney Crook if the mitigation plan could legally be worked. with the citizens in Suffolk if they have a water problem. County Attorney Crook advised that the Board can develop a 1 1 1 10 r~f~ ~_4 -~~~~3i~ mitigation plan and that the proffer calls for a mitigation .plan to be developed to the County's satisfaction prior to the beginning of construction. Supervisor Edwards stated he took conditions that some of the citizens opposed to the proposed facility wanted and submitted them to Norfolk Southern and Norfolk Southern has prepared a list of additional conditions that they are willing to accept. ~~ County Attorney Crook stated that these would not be proffered and would instead be conditions that the Board could impose under the Special Use Permit. Supervisor Turner asked if .the Board chose to pass the rezoning that the Board pass the rezoning and the Special Use. Permit not be passed until the Board has more time. County Attorney-Crook informed the Board that the Board could approve both because the proffer calls for .the mitigation to be worked out before the construction permits are granted which gives the Board time to work on the mitigation. Supervisor Edwards stated that although Norfolk Southern did not give. the opponents everything they wanted in the conditions that he felt everyone would have to agree that the conditions make the project significantly better. Supervisor Bradshaw questioned where the conditions presented by Supervisor Edwards tonight came from. Attorney Powell .explained that Supervisor Edwards sent to Norfolk Southern suggested conditions that the opposition had asked be attached to the Conditional Use Permit and requested Norfolk Southern to review the conditions and advise whether they were acceptable to Norfolk Southern.- Attorney Powell continued that a copy was also sent to Norfolk Southern of the Suffolk well mitigation plan and that-.all additional conditions were reviewed and changes were made in some of the conditions and made the Suffolk well mitigation plan and made it a Norfolk Southern well mitigation plan and returned them to Supervisor Edwards prior to the start of the meeting. Attorney Powell stated that if the Board wished to attach these as additional conditions that Norfolk Southern has no objections to this. County Attorney Crook stated that these are not proffers for the rezoning but conditions that the Board can impose under the Special Use- Permit. County Attorney Crook further stated that these conditions had been handed to the Board by Norfolk Southern and he thought that everyone should have the benefit of knowing what was in them. Supervisor Turner stated both sides had presented outstanding presentations from both sides and he would support the rezoning of the property for the proposed facility although he did not yet know if all the conditions that needed to be applied had been applied. Supervisor Turner stated there had been new conditions presented which at this time he had not had enough time to read and suggested delaying voting on the Special Use Permit- until the next meeting which would allow time to review the conditions and make sure that they cover the-bases that need to be covered. County Attorney stated the Board could approve or disapprove the rezoning tonight and if the Board approves the rezoning tonight then the Board can delay action on the Special Use Permit until the conditions for the Special Use Permit have been worked out. ~ Supervisor Bradshaw. moved that the Board approve the rezoning with the proffers as presented tonight, The .motion passed by unanimous vote (5-0j. 11 va~,K ~4 ~~~8~.~ Supervisor Turner moved that the Board table action on the .Special Use Permit to allow staff and counsel to review the . proposed conditions .and bring back a report to the Board at .the February 7 ,1991 meeting. The motion passed by unanimous vote (5- 0) . At 11:36 P.M. Supervisor Ross moved the Board adjourn. The motion passed by unanimous vote (5-0). 'y---' ~~ Henry H. Bradby, Chai man '~~~ +% " C ~J'lY Myles E. tandish, Clerk