BC 1999 05 17 - Laserfiche WebLink

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201 Mr. Jonathan Marshall, Planning Services Director, introduced the request by Griffin Brothers Companies for a non-exclusive franchise to construct and operate a construction and demolition landfill (C&D landfill) in the Speedrail Industrial Park off Pharr Mill Road. He stated the C&D landfill had received the conditional use permit required by the Cabarrus County Zoning Ordinance. However, the State is requiring the approval of a franchise agreement based upon the County's Solid Waste Management Ordinance (Chapter 58). Mr. Marshall presented a map showing the location of the proposed landfill and surrounding area. He stated the proposed franchise agreement should also be treated as an ordinance and presented a proposed change to Section 6.1 requiring any noise from the operation of the landfill to be in compliance with the regulations of the Zoning Ordinance. Mr. Ron Gilkerson, Project Geologist for Griffin Brothers Companies, presented a general overview of the proposed Highway 49 C&D Landfill and its operation. The State has granted preliminary approval of the proposed landfill based upon the hydrogeologic assessment of the site. Engineers are currently preparing the landfill design part of the permit process for submission to the State for final approval. If a permit is granted by the State, the company plans to open the landfill in September. Mr. Gilkerson also addressed such issues as the identified need for the C&D landfill in Cabarrus County, the company's operation of the North Mecklenburg Landfill and the service area which includes Cabarrus County and contiguous counties. A daily average of 300 tons is expected at the proposed landfill. In response to questions by the Board, Mr. John Day, Deputy County Manager for Operations, presented information concerning the County's landfill. He stated the landfill has a life expectancy of five to seven years based on the availability of cover material. There was discussion regarding the proposed C & D landfill, including the potential problem of litter along roads, the availability of both the County's Landfill and the BFI Landfill for the disposal of demolition material, the types of materials to be deposited in the landfill, increased traffic concerns and the proximity of the proposed landfill site to current school facilities and water streams. At 7:45 p.m., Chairman Barnhart opened the public hearing concerning the proposed franchise and asked if anyone wished to speak either for or against the proposal. The Notice of the Public Hearing was published in THE INDEPENDENT TRIBUNE on April 26 and May 3, 1999 and in THE CHARLOTTE OBSERVER (Cabarrus Neighbors) on April 29 and May 6, 1999. Mr. Lester Drye of 6700 Zion Church Road, Concord, stated he was not opposed to the franchise for the proposed landfill but questioned the potential disposal of asbestos material in the landfill. He stated in his opinion there is no way to get all the asbestos out of old building materials. Mr. Larry Griffin of Griffin Brothers Companies advised that a certified asbestos inspection is required before old structures may be taken down. He stated this material could be taken to a landfill only after it has been cleared by the inspection. There was no one else present to address the Board, and Chairman Barnhart closed the public hearing. Mr. Marshall reviewed the proposed changes to the Ordinance and Franchise Agreement: (1) Add the word "ordinance" to the title; and (2) Add the following sentence to Section 6.1: "Noises as a result of the normal operation of the landfill will be subject to restrictions of the Cabarrus County Zoninq Ordinance." Chairman Barnhart proposed that the following statement be added at the end of Section 6.4. Spillage and/or Litter: "Failure of the operator to respond within a 24-hour period after being notified of litter and waste along the entry way roads shall entitle the County to initiate a clean up response with costs to be assigned to the operator." The petitioner indicated his agreement to the proposed changes as presented by Mr. Marshall and Chairman Barnhart. UPON MOTIO~ of Commissioner Privette, seconded by Commissioner Fennel with Commissioners Privette, Fennel and Casper and Chairman Barnhart voting for and Commissioner Carpenter voting against, the Board adopted on first reading the following Ordinance and Franchise Agreement as amended.