June 26, 2000

The Board of Zoning Appeals of Spring Valley Township, having found that Sections 523 and 1002.2 of the Spring Valley Township Zoning Resolution (SVTZR) have been met, this Conditional Use Permit is then granted for 200+ acres of property owned by American Aggregates Corporation, a wholly owned subsidiary of Martin Marietta Materials, Inc. (a.k.a. Martin Marietta Aggregates) zoned A-10 Agricultural District which property is located in Spring Valley Township, Greene County, Ohio, Sections 18 and 24 Town 4 range 5 and recorded in Greene County Recorder Book No. 1210, 1360 pages 488, 713 consisting of Parcel Numbers K2800010006000500; 600; 700; 900; 1000; 1100; 1200; 1300; 1400; 1500; 1600; 1700; 1800, upon the following terms and conditions:

This Conditional Use applies to the extraction and processing of minerals including top soil, overburden sand and gravel. (Section 523.1(f) SVTZR). This Conditional Use does not address or permit asphalt or ready-mix concrete batch plants.
This permit shall become operational only upon the applicant securing from the Ohio Department of Natural Resources a permit for such activities. (Section 523.2 SVTZR).
The processing plant shall be located behind site and sound berms as shown in the application. The processing plant shall utilize the "best available" technology as of the time of installation. All petroleum storage shall be in above ground storage tanks with secondary containment as described in the application. A Spill Prevention Plan (S.P.C.C.) shall be implemented for the site and employees shall be trained in its usage as stated in the application. The entrance roadway from Cook Road into the site shall be paved for approximately 1,800 feet. Dust suppression on internal roadways shall be by water or other approved methods as approved by the Ohio Environmental Protection Agency (OEPA). (Sections 523.3 and 523.4 SVTZR). The applicant shall employ a wheel wash for trucks leaving the site to minimize dust in accordance with Exhibit 41, and engineering drawing of the wheel wash itself. Sound and visual screening shall be by vegetated barrier berms and plantings as shown in the application. Noise will be controlled pursuant to a Noise Control Plan as submitted to the Board and made a part of this application.
Mineral extraction shall not be conducted within 500 feet of any existing residential district. (Section 523.5 SVTZR).
Temporary operational roads shall not be closer than 200 feet from any residential district or existing dwelling. (Section 523.6 SVTZR).
Buildings and structures designed and constructed for mineral extraction, storage or processing for which no future use is contemplated and no other use is practical or feasible shall be demolished, dismantled and/or removed within six (6) months of the expiration of the Conditional Use Permit. (Section 523.7 SVTZR).
No blasting shall occur on site. (Section 523.8 SVTZR).
All sand and gravel excavations shall be located at least 100 feet and backfilled to at least 150 feet from the right-of-way of streets. No mining shall occur within the setbacks though the setbacks can be used for creation of mounding and planting of screened vegetation and fencing. (Section 523.9 SVTZR).
The sand and gravel excavations shall be made to a minimum depth of five (5) feet below the water producing level. Backfilled surfaces shall be graded to three (3) feet horizontal to one (1) foot vertical slope to a depth of six (6) feet below the final water line of the water impoundment. (Section 523.10 SVTZR).
All excavations which are not backfilled shall be sloped at a grade of not less than three (3) to one (1), a minimum of six (6) feet below water line. Spoil banks shall be graded and planted with trees, shrubs, legumes or grasses where revegetation is possible. (Section 523.11 SVTZR).
An earthen berm shall be constructed around the property varying in height from ten (10) feet to twenty (20) feet as shown on Drawing 3 or as approved by the Ohio Department of Natural Resources (ODNR) or governmental agency having control over flood plain issues. The purpose of the berm is to restrict access and prevent trespassing on the property as well as to block visibility of the site and to act as a sound barrier. The applicant shall use a low profile plant or lower the production plant site by five (5) to ten (10) feet or a minimum of one (1) to three (3) feet above the water table, whichever is applicable to minimize plant visibility. The berm shall be located not less than twenty-five (25) feet from road rights-of-way or property boundaries. Gaps in the berms as well as the mine entrance shall be gated to control public ingress and egress from the property. The berms may be staggered if required by ODNR or a governmental agency having control over flood plain issues. A four (4) foot farm fence with posts will be placed around the perimeter of the property. (Section 523.12 SVTZR).
Upon completion of the mining, excavated areas shall be left as a permanent water impoundment (lake) and shall be left in a condition so as to prevent collection of stagnation of water and to provide proper drainage without excessive soil erosion. Surface areas not affected by mining shall be utilized in accordance with the SVTZR and the established end use which shall be in accordance with the then existing zoning criteria. (Section 523.13 SVTZR).
A performance bond shall be submitted to the Clerk of Spring Valley Township in the amount of $822,000 based on the cost estimate to meet the cost of the reclamation requirements as shown by the cost estimate submitted with the application and as certified by the professional engineer. The performance bond shall guarantee the applicant shall restore, reclaim and rehabilitate the property in accordance with the application. The applicant shall provide Spring Valley Township a maintenance bond of $25,000 to insure maintenance of the property between the time of the cessation of the operation and prior to the sale or determination of the end use. (Section 523.14 SVTZR).
Unless otherwise modified to meet the requirements of the ODNR, the reclamation shall be in substantial compliance with the reclamation plan as shown in Drawing 4 submitted with the application. The areas affected and graded for reseeding shall be resoiled to a depth of six (6) to eighteen (18) inches. Grading shall be to a maximum of three (3) to one (1) slope. No rock banks shall be utilized unless required by the Ohio Department of Natural Resources (ODNR) as a wildlife shelter. Rip rap may be used to stabilize berms where necessary. (Section 523.15 SVTZR).
Reclaimed slopes shall be a minimum of three (3) to one (1) as shown on the application, therefore, fences or barrier plantings shall not be required. (Section 523.15(e) SVTZR).
The type and number of trees or shrubs on site shall be as required by the Board in consultation with the County Extension Agent. (Section 523.15(f) SVTZR).
The ultimate end land use and physical improvements shall be in compliance with the then existing applicable zoning district regulations as determined in consultation with the Regional Planning and Coordinating Commission, County Engineer and Sanitary Engineer and Planning Commission. (Section 523.15(g) SVTZR).
The areas of land affected that are not submerged under water shall be resoiled and reseeded with a mixture of grasses, legumes and nurse crops. Trees and shrubs shall be planted in locations as requested by the Greene County extension agent with BZA approval.
Grading on site shall be in accordance with the reclamation plan as approved by the Ohio Department of Natural Resources (ODNR). (Section 523.15(f) SVTZR).
The applicant shall maintain a 250 foot buffer area along the Little Miami River. The buffer area may be used for screening, berms and farm fence but no mining shall occur within the 250 foot set back area. No additional set backs from the 250 foot set back are required.
The applicant shall meet all of the requirements of the Ohio Department of Natural Resources (ODNR), the Ohio EPA (including NPDS permits if necessary), the United States Army Corps of Engineers, the County Building Inspector, and the Ohio Department of Transportation and shall obtain all necessary permits from those organizations as conditions the this Conditional Use. To the extent ODNR, OEPA or the United States Army Corps of Engineers requires more stringent regulations or requires different elements of the reclamation plan, flood plain, berms or plant location, such rules and regulations shall apply and control this permit.
Hours of operation shall be from daylight until sundown, six (6) days per week, Monday through Saturday.
The applicant shall improve Cook Road from its entranceway to the site to the intersection of Cook Road and Centerville Road by expanding the Cook Road roadway width, installing a concrete apron on Cook Road at the intersection of Centerville Road and adding additional courses of asphalt from the applicant¹s entrance road to the intersection as approved by the county engineer.
Dewatering for mining shall not be conducted.
American Aggregates shall establish water level monitoring wells on American Aggregates¹ property between its operation and its neighbors to the south and west.
The applicant shall establish and administer a water well protection program for residents as set out in Exhibit 16, attached hereto, and made a part hereof. To be considered for the program, residents in the determined area affected must allow American Aggregates to do a pre-operation water survey. If a claim of dewatering is made, American Aggregates shall investigate the claim at no cost to the owner. If the well loss is confirmed and determined to be caused by American Aggregates, the company shall replace the owner¹s well at American¹s cost as detailed by Exhibit 16.
American Aggregates shall utilize "down lighting" on the site as described in the lighting plan submitted to the Board.
The applicant shall comply with all federal, state, and local laws in the operation of the site.
The applicant recognizes that once the reclamation plan and other approvals are obtained from ODNR and the Ohio Department of Transportation, a site plan, in accordance with the zoning text, shall be filed with the zoning inspector.
The applicant shall remove any excess sand and gravel from the roadways at the intersection of Centerville and Cook Road and Centerville and Route 42 on a daily basis. If necessary, the applicant shall obtain the permission of Ohio Department of Transportation or the County Engineer for such removal.
The applicant shall operate and maintain the site in accordance with its application as modified through the Conditional Use process.