Progress as of April 5, 2008

Supervisors OK measure on sand mine permit

By Robert Igoe
The Winchester Star

Winchester — The sandman cometh.

The Frederick County Board of Supervisors approved amending a two-decade-old conditional use permit for a sand mine operation near Brill Road in Star Tannery on Wednesday.

With the amendment, which was recommended for approval by the county Planning Commission last year, Mundy Sand LLC would no longer be required to face a five-year review for the permit, though it can be revoked if the company violates its terms.

Mundy has agreed to limit its operations to a 17-acre tract at the center of the 174-acre site it is leasing from Raymond and Shirley Brill, who have operated a sand mining operation on the property since 1989. This work would only be done between the hours of 7 a.m. to 4 p.m. Monday through Saturday. Only portable crushers will be allowed on the site, and trucks will be required to follow a predetermined traffic route.

During the public hearing process with the Planning Commission, several neighbors issued concerns over the effect that the larger operation would have on what they see as an already difficult situation for traffic.

In response to those issues, Mundy has agreed to meet conditions set forth by the Virginia Department of Transportation. These conditions include the construction of pull-off areas for large trucks, widening the existing roadway, applying seals to the road surface, and applying calcium chloride for dust control.

"Mining extraction is one of the most heavily regulated businesses in the state," said Mundy’s attorney, Benjamin Butler. "To think that we would come in and create havoc doesn’t make sense. Mundy wants the residents to be happy. So if VDOT wants these pull-offs, Mundy will comply and build them."

It was these terms that convinced Gary Lofton, who was in his first meeting as the newly-elected supervisor for Back Creek, that the new permit would benefit the district by putting more control over the mine’s operations in the county’s hands. Lofton made the motion to approve the amendments, and Philip Lemieux seconded the action.

Only one resident spoke against the request during the public hearing.

"No one can say that our property values will not go down because of this operation," said Robert Engle. "We’re the ones that have to live with this."

Because no violations had been reported under the past conditional use permit and because that permit can transfer to Mundy’s operation because the use had not changed, the company could have begun operations under the permit, but Butler said the company was determined to be a good neighbor. "We weren’t interested in coming in under the radar and just doing this on our own accord," he said. "We wanted to be open about this."

Also at the meeting, the supervisors re-elected Gene E. Fisher as vice-chairman and John R. Riley Jr. as parliamentarian. They also agreed to continue their current meeting schedule of 7:15 p.m. every second and fourth Wednesday of the month in the Frederick County Office Complex.

The supervisors also approved a resolution supporting the establishment of a scenic and historic highway called "The Wilderness Road: Virginia’s Heritage Migration Route."

Attending the meeting in the Frederick County Office Complex were Fisher, Lofton, Lemieux, Richard C. "Dick" Shickle Jr., Gary W. Dove, Bill M. Ewing, and Charles S. DeHaven Jr.

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