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• <br />Upon review of the video tape of the County Commissioner's comments duri g the fmal <br />approval of 21 July 1997, there appeazs to be some discrepancy that serves to omplement <br />our understanding of this expectation, which departs from that stated in the F ndings and <br />Resolution document as signed on 7 October 1997. First, there is some just c se for any <br />departure in our understanding. <br />As you might remember, the Commissioner's stated that they expected the F ndings and <br />Resolution within two weeks of the 21 July 1997 hearing. Although signe 7 October <br />1997, we did not receive a copy until 13 January 1998. At no time was the c tent of the <br />Findings and Resolution subject to the Operator's review or rebuttal. <br />Since a substantial amount of time has passed while waiting for, and then waiting to <br />resolve, the Special Review, we made the effort to transcribe the video of the 2 July 1997 <br />Board of Commissioner hearing to better ascertain that we were not in fact ope sting under <br />some misunderstanding ourselves. <br />ntly, Condition #9 reads: <br />to beginning mining activity in the area shown as the South Quarry, a fining plan <br />be submitted for technical review by appropriate agencies ro address fife specific <br />s such as plans for drainage and erosion control for that area, access and traffic, and <br />tt-related issues. Changes to access and addition of buildings or other i rovements <br />require an application for an amendment to the Special Review. <br />c are elements of the Findings and Resolution that appeaz askew from a dialogue <br />occurred at the time of the 21 July 1997 hearing. For example: Th Board of <br />tmissioners did not indicate absolutely that the South Quany needed to considered <br />:r a separate Technical Review, and drainage would only need further r view if the <br />:hero Access Point to County Road was opened. Since the original tan age of the <br />Wing Department recommendations was not fully modified, the Fi dings and <br />tlutions appears to read contrary to the intent of the Commissioners as a pressed by <br />dialogue, as we later determined. <br />maintain that the Technical Revision, as approved by the DMG, co tituted the <br />>propriate agency review,' therefore, the requirements of Findings and Resolution <br />tndition #9 were fulfilled by [hat submittal. Only where we add buildings, r otherwise <br />d physical 'improvements' would the Special Review be `amended,' with c nsideration <br />the amendment only as it pertains to such buildings or improvements. <br />The South Quany has been detailed substantially in the approved Spe 'al Review <br />documents and respective State DMG permit and Technical Revision. No new ~nfotmation <br />should evidence itself since the manner and method of quarrying and reclai ~ g the site <br />will not change. No new points of access, no increase in traffic, no addition o buildings, <br />or other improvements are planned. Buildings could be added a[ a later time would be <br />fded as a sepazate Amendment, but this should not influence whether or n the South <br />Ouatrv is worked. <br />Another Technical Revision would have to be submitted to the DMG to clarify the location <br />and design of any new roads, which the County would receive copies and n ification of <br />respectively. Drainage and erosion control issues were treated extensively in the Special <br />Review and with two agencies of State government and their respective pe ~ts. The <br />resulting drainage plan for the State Storm Water permit can be applied equally the North <br />and South Quarries, and are under perpetual examination by County Engineen g. Perhaps <br />4 <br />Tuesday 17 November 1998 Correspondence in the matter of Special Review File 97-ZR09 1, Rocky <br />Road Quarry, to Carol Evans, Latimer County Planning Department, from Douglas ]. Ba li, Vice- <br />President, Rocky Road Investment, inc. <br />