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HomeMy WebLinkAboutApplicant Proposed ConditionsPROPOSED CONDITIONS The Property Owner, upon further discussion with the Cape Fear Public Utility Authority (“CFPUA”) and the Lower Cape Fear Water & Sewer Authority (“LCFWASA”), has agreed to the following additional conditions: 1. Haul Road/Crossing. The haul road and crossing that is to traverse over the LCFWASA Easement shall comply with the crossing design initially reviewed and approved on December 20, 2023 by engineers for CFPUA and the LCFWASA, subject to further revisions and further mutually agreed changes (including adjusting such plan to include the Buffer Zone as described below). 2. Buffer Zone. The Property Owner has volunteered to provide an additional buffer easement of 150 feet (the “Buffer Zone”) on the subject property beyond the existing 75 foot LCFWASA easement as it runs west to east, from the eastern edge of the 150’ CP&L/Duke easement over to U.S. Hwy 421, to maintain the safety and stability of the LCFWASA easement during both normal operations and major weather events. 3. Geotechnical Report & Coordination. Based on discussions with CFPUA and LCFWASA and their engineers, the Property Owner has already commissioned a geotechnical report from Engineering Consulting Services (ECS) regarding the side slope stability of the proposed mining basins, and requested a subsurface utility engineering survey of the existing water line. The geotechnical report will be sealed by a licensed NC Professional Engineer. The engineer performing the geotechnical report will coordinate with the engineers for CFPUA and the LCFWASA. A copy of the geotechnical report will be provided to both the CFPUA and the LCFWASA for their review. No excavation activity may proceed at the site until the geotechnical report and its subsequent recommendations have been received, reviewed, and accepted by all parties. The reports will take into account the Buffer Zone set forth above, placing the slope of any future mining basins an estimated 205 feet away from the existing water line. However, if these reports indicate more study is necessary, the Property Owner will expand the reports as reasonably necessary to further address the following: a. Expand the review of the side slope stability of the proposed mining excavation basins, with a focus on how the LCFWASA easements and buffer areas can be protected and maintained during and following major weather events. b. Provide additional detail regarding how the excavated slopes will be sufficiently stabilized to be protected from erosion or washouts that, during and following major weather events, could migrate towards the LCFWASA easement and current and future infrastructure within the easement. If stabilization requires any additional setback(s) to protect the LCFWASA easements beyond the Buffer Zone discussed above, the report shall include a designation of such additional setback, and the Property Owner will provide such additional setback if other proposed changes are not mutually agreed by LCFWASA and CFPUA. 4. Easement Protection. Property Owner will keep its employees informed about the water line and take reasonable action to protect the easement area from errant construction access except at the approved crossing discussed above. To achieve this purpose, the Property Owner will visibly mark the easement area. The Property Owner will maintain temporary protective construction fencing and/or barriers on both sides of the haul road where the haul road traverses the easement and within 50 feet from where the haul road crosses the easement. In addition, the Property Owner will provide signage at a regular interval. All fencing, barriers, markings, and signage shall be maintained by the Property Owner. 5. Infrastructure Access. Property Owner shall allow CFPUA and LCFWASA access to the LCFWASA Easement area, including any additional Buffer Zone(s). Subject to all applicable regulations and guidelines (including all State regulations and mining permit requirements) and also subject to Property Owner’s reasonable safety requirements, the Property Owner shall allow CFPUA and LCFWASA unrestricted access to the current 48” and future 54” water infrastructure for maintenance, repair, and installation of future infrastructure. In times of an emergency, such access shall also be permitted via the mine site access road if necessary, and Property Owner shall cooperate with CFPUA and LCFWASA in regard to reasonable steps requested to minimize or prevent any destabilization of the infrastructure. 6. Changed Conditions. The Property Owner shall give notice to the Executive Directors of the Cape Fear Public Utility Authority and the Lower Cape Fear Water & Sewer Authority or their designee of any planned significant change to the Property Owner’s mining operations if the change alters the excavation plans for areas adjacent to the easement area or Buffer Zone, or involves additional work or access over the easement area or Buffer Zone, at least 180 days before the change, so they can discuss any potential impacts. 7. Future Cooperation. The Property Owner, CFPUA and LCFWASA all acknowledge that protection of both the easement and its infrastructure and protection of landowner’s rights to use and enjoy their land are important for all parties involved and the community at large. As such, they will each reasonably cooperate with each other in regard to future changes to the infrastructure within the LCFWASA easement and also the Property Owner’s industrial activities, both of which are important to the overall development of the Cape Fear region.