Use On Review

5-H-02-UR

Approved as modified
by the Planning Commission

APPROVE the request to expand the existing mining operation to an area of not more than the 24.72 acres as presently permitted by the State of Tennessee, subject to 13 conditions


See case notes below

Details

Request

Property Info

Case Notes

What's next?

Details of Action

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1. Meeting all requirements of the Knox County Health Dept.
2. Approval of the development plan and mining permit by the Knox County Commission.
3. None of the excavated area will be visible from Millertown Pike.
4. Providing MPC staff with a plan prepared by a registered landscape architect showing the final grading of the entire 107 acre site, creating slopes that will not exceed a 2 to 1 slope. The plan will include the State of Tennessee approved reclamation plan that specifies the type and rate of use of ground cover plant materials and the proposed soil amendments that will be necessary to stabilize and support the landscaping of this site.
5. General Shale will post a bond in the amount of $2,000 per acre for the excavated area in the existing site and in the expansion site with the Knox County Executive?s Office and such bond shall remain in place until the bond held by the State is released at which time the bond will be released by Knox County.
6. Commencing vegetative reclamation of the previously mined portion of the site, as hereinafter described, within six months after approval of this request by the Knox County Commission. The initial reclamation activity of the initial area to be reclaimed as defined and shown on Exhibit 1 to the supplemental material submitted by General Shale is to be in accordance with the State of Tennessee approved reclamation plan as supplemented by previously required landscaping/reclamation plan and is to be completed within 24 months after Knox County Commission's approval date. If the initial reclamation of the site, which includes grading and seeding, has not been completed in that time, all operations on the site must cease until it is completed.
7. If for any reason mining activity ceases on the new portion of the site for a period of one year, reclamation activity on the entire remaining site will commence and will be completed within 24 months.
8. Meeting all requirements of the Air Quality Permit as issued by the Knox County Dept. of Air Pollution Control.
9. Meeting all applicable requirements and obtaining all required permits from the Tenn. Dept. of Environment and Conservation dealing with the mining operation and water quality permits.
10. Meeting all requirements of the Knox County Dept. of Engineering and Public Works.
11. Obtaining approval of another Use on Review if the mining area is to be expanded or if it takes more than fifteen years to mine the permitted area as depicted on the approved development plan.
12. Meeting all applicable requirements including Sections 4.10 and 4.50 of the Knox County Zoning Ordinance.
13. Submission of a revised development plan that includes the landscape architects grading and reclamation plan to MPC staff for review and approval that demonstrates compliance with all the conditions of the permit prior to commencing any grading on the expanded portion of this site

Applicant Request

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Property Information

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Location
North side of Millertown Pk., east of Harris Rd.

Commission District 8


Size
107 acres

Sector
Northeast County

Currently on the Property
Vacant / mining operation

Growth Plan
Rural Area

Case Notes

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Staff Recommendation
APPROVE the request to expand the existing mining operation to an area of not more than the 24.72 acres as presently permitted by the State of Tennessee, subject to 13 conditions
1. Meeting all requirements of the Knox County Health Dept.
2. Approval of the development plan and mining permit by the Knox County Commission.
3. Reducing the area to be mined in a manner such that none of the excavated area will be visible by an individual standing on Millertown Pike.
4. Providing MPC staff with a plan prepared by a registered landscape architect showing the final grading of the entire 107 acre site, creating slopes that will not exceed a 2 to 1 slope. The plan will include the State of Tennessee approved reclamation plan that specifies the type and rate of use of ground cover plant materials and the proposed soil amendments that will be necessary to stabilize and support the landscaping of this site within two years after commencing the reclamation program. As part of this plan a cost estimate is to be prepared that projects all costs associated with the implementation of the reclamination plan.
5. Posting a bond with the Knox County Executive's Office to cover the cost differential between the $600.00 per acre bond being held by the State of Tenn. and the cost projected in the reclamation of the site per the estimate contained in the landscape architect's reclamation plan.
6. Commencing vegetative reclamation of the previously mined portion of the site within six months after approval of this request of the Knox County Commission. Excluded from the area to be reclaimed will be a maximum of four acres to be used for stockpiling, the existing roadway access, the existing sediment basins and a two hundred foot transition area between the old and new mine areas. This reclamation is to be in accordance with the State of Tenn. approved reclamation plan as supplemented by previously required landscaping/reclamation plan and is to be completed within 24 months after Knox County Commission's approval date. If the reclamation of the site has not been completed in that time, all operations on the site must cease until the reclamation is completed. The reclamation process will not be considered complete until the bonds are released by the State of Tenn. and Knox County.
7. If for any reason mining activity ceases on the new portion of the site for a period of one year, reclamation of the entire remaining site will commence and will be completed within 24 months.
8. Meeting all requirements of the Air Quality Permit as issued by the Knox County Dept. of Air Pollution Control.
9. Meeting all applicable requirements and obtaining all required permits from the Tenn. Dept. of Environment and Conservation dealing with the mining operation and water quality permits.
10. Meeting all requirements of the Knox County Dept. of Engineering and Public Works.
11. Obtaining approval of another Use on Review if the mining area is to be expanded or if it takes more than fifteen years to mine the permitted area as depicted on the approved development plan.
12. Meeting all applicable requirements including Sections 4.10 and 4.50 of the Knox County Zoning Ordinance.
13. Submission of a revised development plan that includes the landscape architects grading and reclamation plan to MPC staff for review and approval prior to commencing any grading on the expanded portion of this site.
Disposition Summary
APPROVE the request to expand the existing mining operation to an area of not more than the 24.72 acres as presently permitted by the State of Tennessee, subject to 13 conditions
Details of Action
1. Meeting all requirements of the Knox County Health Dept.
2. Approval of the development plan and mining permit by the Knox County Commission.
3. None of the excavated area will be visible from Millertown Pike.
4. Providing MPC staff with a plan prepared by a registered landscape architect showing the final grading of the entire 107 acre site, creating slopes that will not exceed a 2 to 1 slope. The plan will include the State of Tennessee approved reclamation plan that specifies the type and rate of use of ground cover plant materials and the proposed soil amendments that will be necessary to stabilize and support the landscaping of this site.
5. General Shale will post a bond in the amount of $2,000 per acre for the excavated area in the existing site and in the expansion site with the Knox County Executive?s Office and such bond shall remain in place until the bond held by the State is released at which time the bond will be released by Knox County.
6. Commencing vegetative reclamation of the previously mined portion of the site, as hereinafter described, within six months after approval of this request by the Knox County Commission. The initial reclamation activity of the initial area to be reclaimed as defined and shown on Exhibit 1 to the supplemental material submitted by General Shale is to be in accordance with the State of Tennessee approved reclamation plan as supplemented by previously required landscaping/reclamation plan and is to be completed within 24 months after Knox County Commission's approval date. If the initial reclamation of the site, which includes grading and seeding, has not been completed in that time, all operations on the site must cease until it is completed.
7. If for any reason mining activity ceases on the new portion of the site for a period of one year, reclamation activity on the entire remaining site will commence and will be completed within 24 months.
8. Meeting all requirements of the Air Quality Permit as issued by the Knox County Dept. of Air Pollution Control.
9. Meeting all applicable requirements and obtaining all required permits from the Tenn. Dept. of Environment and Conservation dealing with the mining operation and water quality permits.
10. Meeting all requirements of the Knox County Dept. of Engineering and Public Works.
11. Obtaining approval of another Use on Review if the mining area is to be expanded or if it takes more than fifteen years to mine the permitted area as depicted on the approved development plan.
12. Meeting all applicable requirements including Sections 4.10 and 4.50 of the Knox County Zoning Ordinance.
13. Submission of a revised development plan that includes the landscape architects grading and reclamation plan to MPC staff for review and approval that demonstrates compliance with all the conditions of the permit prior to commencing any grading on the expanded portion of this site

What's next?

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As a Use On Review case, the Planning Commission's decision is final, and it will not be heard by a legislative body unless it is appealed.
After the Planning Commission
Because of its location in the County, appeals will be heard by County Commission.
County Commission
June 24, 2002
Appeal by: July 13, 2002

The appeal deadline - July 13, 2002 - has passed.

The Process
Applicant

General Shale Products Corp.


Case History