1) Applicant will cease the excavation of soil, the import of soil, and the processing of soil on this site, except for purposes of reclamation, within ten (10) years from MPC approval of this Use on Review. (The applicant has - proposed a fifteen year timeline for excavation.) Any extensions of the excavation timeline will require the successful completion of a revised Use on Review. Application to extend the timeline is not a guarantee of approval.
2) Site reclamation as proposed, including the installation of landscaping required for final grading, will be complete within one year of the cessation of soil excavation.
3) No excavations will be allowed within the 100' and 200' setbacks as required by the zoning ordinance unless such excavation is necessary to achieve slope stability during final grading. The applicant has requested variances to the excavation setbacks at the north, south, and west property boundaries. The MPC staff does not support variances for excavation setbacks.
4) Any changes to the submitted site plan which propose the grading of slopes in excess of a 2:1 ratio, shall be reviewed and approved by Knox County Engineering and Public Works, based on written documentation from a geotechnical engineer justifying the increased slopes.
5) Applicant will make every reasonable effort to match grades with the adjoining surface mining operation (Hines Fine Soils) to the north so as to provide for a consistent grade between parcels.
6) Applicant will install chain link fencing, with a minimum height of six (6) feet, above all slopes with a grade of 1:1 or greater. This requirement will be in effect until the applicant has completed their final grading and has been released from their bond by Knox County Engineering.
7) A revised site plan reflecting the conditions of approval must be submitted to MPC prior to the issuance of building permits for the project.
8) Completion of reclamation in those areas where the applicant has excavated within the peripheral setbacks prescribed in the zoning ordinance (4.50.02), to include the 200? setback area at the southwestern corner of the property and the 200? setback area along Edington Rd. Reclamation and landscape buffering in the peripheral setbacks will be completed within twelve months of MPC approval of this use on review.
9) Posting a bond that in the judgement of the Director of Knox County Department of Engineering and Public Works will be sufficient to cover the costs of stabilization and reclamation of the site. Said bond shall be posted within thirty (30) days of MPC approval of this use on review.
10) Obtaining all necessary state water quality permits and maintaining conformance with state water quality requirements for the duration of the plan of operation.
11) Meeting all applicable requirements of the Tennessee Department of Environment and Conservation.
12) Meeting all applicable requirements of the Knox County Zoning Ordinance.
13) Meeting all applicable requirements of the Knox County Health Department.
14) Approval of this operation by the Knox County Commission.
15) Director of Knox County Engineering and Public Works shall order some or all operations to cease on the property immediately upon any noncompliance with the conditions of approval of this use on review, any conditions approved by the Knox County Commission, and the requirements of the zoning ordinance.

With the notes on the Plan of Operation and those conditions listed above, this request meets all requirements of a use-on-review for a surface mining operation in an agricultural zoning district.

Staff Recommendation

APPROVE the use on review for a mining and mineral extraction (soil excavation) operation at this location, subject to the Plan of Operations notes shown on the site plan dated January 5, 2001 and fifteen (15) conditions.

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1) Applicant will cease the excavation of soil, the import of soil, and the processing of soil on this site, except for purposes of reclamation, within ten (10) years from MPC approval of this Use on Review. (The applicant has - proposed a fifteen year timeline for excavation.) Any extensions of the excavation timeline will require the successful completion of a revised Use on Review. Application to extend the timeline is not a guarantee of approval.
2) Site reclamation as proposed, including the installation of landscaping required for final grading, will be complete within one year of the cessation of soil excavation.
3) No excavations will be allowed within the 100' and 200' setbacks as required by the zoning ordinance unless such excavation is necessary to achieve slope stability during final grading. The applicant has requested variances to the excavation setbacks at the north, south, and west property boundaries. The MPC staff does not support variances for excavation setbacks.
4) Any changes to the submitted site plan which propose the grading of slopes in excess of a 2:1 ratio, shall be reviewed and approved by Knox County Engineering and Public Works, based on written documentation from a geotechnical engineer justifying the increased slopes.
5) Applicant will make every reasonable effort to match grades with the adjoining surface mining operation (Hines Fine Soils) to the north so as to provide for a consistent grade between parcels.
6) Applicant will install chain link fencing, with a minimum height of six (6) feet, above all slopes with a grade of 1:1 or greater. This requirement will be in effect until the applicant has completed their final grading and has been released from their bond by Knox County Engineering.
7) A revised site plan reflecting the conditions of approval must be submitted to MPC prior to the issuance of building permits for the project.
8) Completion of reclamation in those areas where the applicant has excavated within the peripheral setbacks prescribed in the zoning ordinance (4.50.02), to include the 200? setback area at the southwestern corner of the property and the 200? setback area along Edington Rd. Reclamation and landscape buffering in the peripheral setbacks will be completed within twelve months of MPC approval of this use on review.
9) Posting a bond that in the judgement of the Director of Knox County Department of Engineering and Public Works will be sufficient to cover the costs of stabilization and reclamation of the site. Said bond shall be posted within thirty (30) days of MPC approval of this use on review.
10) Obtaining all necessary state water quality permits and maintaining conformance with state water quality requirements for the duration of the plan of operation.
11) Meeting all applicable requirements of the Tennessee Department of Environment and Conservation.
12) Meeting all applicable requirements of the Knox County Zoning Ordinance.
13) Meeting all applicable requirements of the Knox County Health Department.
14) Approval of this operation by the Knox County Commission.
15) Director of Knox County Engineering and Public Works shall order some or all operations to cease on the property immediately upon any noncompliance with the conditions of approval of this use on review, any conditions approved by the Knox County Commission, and the requirements of the zoning ordinance.

With the notes on the Plan of Operation and those conditions listed above, this request meets all requirements of a use-on-review for a surface mining operation in an agricultural zoning district.

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Disposition Summary

APPROVE the use on review for a mining and mineral extraction (soil excavation) operation at this location, subject to the Plan of Operations notes shown on the site plan dated January 5, 2001 and 15 conditions.

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Details of Action

1) Applicant will cease the excavation of soil, the import of soil, and the processing of soil on this site, except for purposes of reclamation, within ten (10) years from MPC approval of this Use on Review. (The applicant has - proposed a fifteen year timeline for excavation.) Any extensions of the excavation timeline will require the successful completion of a revised Use on Review. Application to extend the timeline is not a guarantee of approval.
2) Site reclamation as proposed, including the installation of landscaping required for final grading, will be complete within one year of the cessation of soil excavation.
3) No excavations will be allowed within the 100' and 200' setbacks as required by the zoning ordinance unless such excavation is necessary to achieve slope stability during final grading. The applicant has requested variances to the excavation setbacks at the north, south, and west property boundaries. The MPC staff does not support variances for excavation setbacks.
4) Any changes to the submitted site plan which propose the grading of slopes in excess of a 2:1 ratio, shall be reviewed and approved by Knox County Engineering and Public Works, based on written documentation from a geotechnical engineer justifying the increased slopes.
5) Applicant will make every reasonable effort to match grades with the adjoining surface mining operation (Hines Fine Soils) to the north so as to provide for a consistent grade between parcels.
6) Applicant will install chain link fencing, with a minimum height of six (6) feet, above all slopes with a grade of 1:1 or greater. This requirement will be in effect until the applicant has completed their final grading and has been released from their bond by Knox County Engineering.
7) A revised site plan reflecting the conditions of approval must be submitted to MPC prior to the issuance of building permits for the project.
8) Completion of reclamation in those areas where the applicant has excavated within the peripheral setbacks prescribed in the zoning ordinance (4.50.02), to include the 200? setback area at the southwestern corner of the property and the 200? setback area along Edington Rd. Reclamation and landscape buffering in the peripheral setbacks will be completed within twelve months of MPC approval of this use on review.
9) Posting a bond that in the judgement of the Director of Knox County Department of Engineering and Public Works will be sufficient to cover the costs of stabilization and reclamation of the site. Said bond shall be posted within thirty (30) days of MPC approval of this use on review.
10) Obtaining all necessary state water quality permits and maintaining conformance with state water quality requirements for the duration of the plan of operation.
11) Meeting all applicable requirements of the Tennessee Department of Environment and Conservation.
12) Meeting all applicable requirements of the Knox County Zoning Ordinance.
13) Meeting all applicable requirements of the Knox County Health Department.
14) Approval of this operation by the Knox County Commission.
15) Director of Knox County Engineering and Public Works shall order some or all operations to cease on the property immediately upon any noncompliance with the conditions of approval of this use on review, any conditions approved by the Knox County Commission, and the requirements of the zoning ordinance.

With the notes on the Plan of Operation and those conditions listed above, this request meets all requirements of a use-on-review for a surface mining operation in an agricultural zoning district.