20000659 Ver 2_Emails_20150422

Burdette, Jennifer a
From: Dan LaMontagne <dan.lamontagne @chathamnc.org>
Sent: Wednesday, April 22, 2015 9:58 AM
To: Burdette, Jennifer a
Cc: Chris Wu
Subject: 3M Variance
Attachments: 3M Findings of Fact-Final 04_21_2015.doc; WRB 3M Recommendation.docx
3M and Chris did a great job in presenting the information to my Committee. They recommended approval of the
variance by a vote of 9 -0 with 1 abstaining.
Attached, please find the Findings of Fact and the findings and decision from the Chatham County Watershed Review
Board. I believe that you have access to the Variance Application and presentation by 3M on the ECT FTP site.
Please let me know if this looks to be in order and if anything else is needed to go to the WQC.
Thanks for all of your help Jennifer.
Public Works Director
Chatham County
In keeping with the NC Public Records Law, e- mails, including attachments, may be released to others upon request for
inspection and copying.

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Request for Major Variance from the
Jordan Lake Riparian Area Protection Rules
3M Company
4191 Highway 87 South
Moncure, NC
May 13, 2015
PUBLIC WORKS DEPARTMENT
P.O. Box 910
Pittsboro, NC 27312
Website: www.chathamnc.org
3M Company has requested the Water Quality Committee (WQC) grant a Major Variance from
the Chatham County Watershed Protection Ordinance required by the Jordan Lake Riparian
Area Protection Rules (15A NCAC 02B .0267) for the planned extension of the quarry located
on Highway 87 South near Moncure, NC. The proposed extension will impact 171,151 square
feet of Zone 1 and 121,282 square feet of Zone 2 of the protected buffer.
Accordingly, pursuant to Section 507 (B)(2) of the Chatham County Watershed Protection
Ordinance, Chatham County makes the preliminary finding that the major variance request
demonstrates the following:
• Practical difficulties or unnecessary hardships are present;
• The harmony and spirit of buffer protection requirements are met; and
• The protection of water quality and substantial justice has been achieved.
Section 507(B)(2)(a) of the 2014 Chatham County Watershed Protection Ordinance
There are practical difficulties or unnecessary hardships in the way of carrying out the strict
letter of the Ordinance. In order to determine that there are practical difficulties or unnecessary
hardships, the Board must find that the five following conditions exist:
(1) - If the applicant complies with the provision of the Ordinance, the applicant can secure
no reasonable return from, nor make reasonable use of, the property. Merely proving that
the variance would permit a greater profit to be made from the property will not be
considered adequate to justify the Board in granting a variance. Moreover, the Board shall
consider whether the variance is the minimum possible deviation from the terms of the
Ordinance that will make possible the reasonable use of the property.
The County finds the following:
3M owns 2,039 acres of land that has been permitted as a mine and the relative quantity
and location of the preferred andesite ore reserves is known. 3M intends to only extend its
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quarry and stockpile operations to the point where it will use approximately 43 % of the
land.
The purpose for 3M's purchase of its property in Pittsboro is to extract andesite ore. The
ore reserves lie beneath three intermittent stream segments and cannot be accessed
without disturbance. If 3M complies with the provision of the Ordinance, extractive use of
up to 90 acres would not be allowed, which would preclude recovery of up to 69 % of the
andesite.
(2) - The hardship results from the application of the Ordinance to the property rather than
from other factors such as deed restrictions or other hardships.
The County finds the following:
The hardship results from the application of this rule rather than from other factors. Three
streams dissect the property with riparian buffers on all sides of the streams, which greatly
limits the ability to mine the property.
(3) - The hardship is due to the physical nature of the applicant's property, such as its size,
shape, or topography, which is different from that of a neighboring property.
The County finds the following:
3M conducted an exhaustive regional and local search decades ago to identify the best
property upon which to develop the mine. The location and relative quantity of the
preferred green - colored andesite is known to exist in the proposed quarry extension area.
Andesite availability is unknown for other offsite locations.
(4) - The hardship is not the result of the actions of an applicant who knowingly or
unknowingly violates the Ordinance, or who purchases the property after the effective date
of the Ordinance, and then comes to the Board for relief.
The County finds the following:
3M originally purchased land beginning in the mid- 1980's and continued to purchase
property into the 2000's. The properties subject to the extension were acquired prior to the
adoption of the Jordan Lake buffer rules by Chatham County. 3M has not violated the
Ordinance.
(5) - The hardship is peculiar to the applicant's property, rather than the result of conditions
that are widespread. If other properties are equally subject to the hardship created in the
restriction, then granting a variance would be a special privilege denied to others, and
would not promote equal justice.
The County finds the following:
3M's hardship is unique when compared to other properties in that its business is driven by
the availability of the andesite resource.
507(B)(2)(b) — The variance is in harmony with the general purpose and intent of the
Ordinance and preserves its spirit.

The County finds the following:
The purpose of the Ordinance is to protect existing riparian buffer areas. 3M cannot make
reasonable use of the property without impacting the protected riparian buffers. 3M is
proposing to purchase 695,376 buffer mitigation credits from a private mitigation bank and
the NC Division of Mitigation Services.
507(B)(2)(c) — In the granting of the variance, the public safety and welfare have been
assured and substantial justice has been done. The Board shall not grant a variance if it
finds that doing so would in any respect impair the public health, safety, or general welfare.
The County finds the following:
3M's proposed extension allows the extraction of in- demand andesite and offers the safest
option to public health and welfare. Allowing 3M's proposed extension still provides
substantial buffer for the protection of neighboring properties and the general public. In
addition, the potential use of offsite alternative locations could result in an increased
hazard to public health, safety, and general welfare. The applicant is proposing to
purchase 695,376 buffer mitigation credits.
This Major Variance as proposed is consistent with past Major Variance approvals from
the Water Quality Committee.
Chatham County's Recommendation:
Based on the information submitted, the County supports this request for a Major Variance
from the Ordinance because practical difficulties or unnecessary hardships are present;
the harmony and spirit of buffer protection requirements are met; and the protection of
water quality and substantial justice has been achieved as required in Section 507(B)(2)(a)
of the 2014 Chatham County Watershed Protection Ordinance provided the below
mentioned conditions or stipulations are required. If the Water Quality Committee
approves this request for a Major Variance from the Jordan Lake Riparian Area Protection
Rules, the County recommends approval with the following conditions or stipulations
[pursuant to 507(B)(3)]:
Mitigation
o Provide mitigation for the proposed impacts by purchasing 695,376 square
feet of buffer credits from Restoration Systems, LLC and NC Division of
Mitigation Services as indicated in their application
This major variance shall only apply to the applicant for the specific property and for
specific uses identified in the applicant's supporting information.
This major variance shall only apply if DENR and ACOE allow impacts to the
streams associated with the subject buffers.

Watershed Review Board Meeting
Chatham County Watershed Protection Ordinance
Major Variance Request for Riparian Buffer Impacts
April 21, 2015
Subject: Variance Request for Chatham County Watershed Protection Ordinance for
Riparian Buffer Impacts in the Jordan Lake Watershed.
Background:
The proposed Pittsboro Mine extension project area is comprised of two areas, a quarry
extension area to the north of the existing quarry, and excavated materials stockpile extension
area to the east and north of the existing stockpile.
3M owns and operates the Pittsboro Mine, which consists of a quarry, a roofing shingle granule
manufacturing facility, and an excavated materials stockpile area. The facility is located on
approximately 2,200 acres of land in Pittsboro and Moncure, NC owned by 3M. Within the
2,200 -acre tract approximately 2,039 acres have been permitted as a mine by the North
Carolina Division of Energy, Minerals, and Land Resources (DEMLR), with 495 acres currently
allowed to be disturbed by the mining operation.
The facility extracts a green - colored andesite mineral from the quarry, crushes it onsite, and
coats and colors it to support the manufacture of asphalt shingles for the roofing industry. Luck
Stone, Inc., a subcontractor to 3M, is responsible for quarry operations at the Pittsboro Mine
and sells some of the quarried rock not usable by 3M as aggregate for a variety of uses
including concrete and asphalt. Soil overlying the andesite ore reserve and off - specification rock
is transported and stored above -grade in the stockpile area.
3M wishes to extend the mining operation beyond the 495 -acre mining limit boundary to
continue extraction from the mineral reserves currently known to exist within the permitted
Pittsboro Mine area. Specifically, 3M is proposing to extend the existing quarry and its
associated perimeter berm by approximately 173 acres and the existing stockpile by
approximately 218 acres. Extension of the quarry area would result in the unavoidable removal
of some streams, a pond, and associated buffers. Proposed removal of these buffers requires a
buffer variance prior to any activity.

The Ordinance:
Section 304(J) 5. of the Watershed Protection Ordinance states:
Variances. Persons who wish to undertake prohibited uses may pursue a variance in accordance
with the requirements of § 507(B) of this Ordinance, except that:
(b) With respect to granting a major variance from the Jordan Lake watershed buffer
requirements, once the Watershed Review Board sends the preliminary record to the
Environmental Management Commission in accordance with § 507(B)(6) the Environmental
Management Commission's decision process for such buffer variance shall control if different
than specified in § 507(B)(6).
Findings:
- The Chatham County Watershed Protection Ordinance Section 304(J)5 provides for an
applicant to request a Major Variance for prohibited uses within the buffer, which
would be considered by the County Watershed Review Board. Pursuant to the request
for Major Variance, the Watershed Review Board scheduled a meeting for Tuesday April
21, 2015 at 6:30pm to hear the request.
- A Watershed Protection Ordinance Variance Request Application was submitted by 3M
Company. The application provided all required information including a site plan and a
detailed description of the proposed variance.
- The Pittsboro Mine qualifies as an existing lot, as defined by Chatham County's 2014
Watershed Protection Ordinance. The property was purchased by 3M with the intent of
developing a mine prior to the inception of the Jordan Buffer Rules. As such, 3M is
responsible for protection of 50 foot buffers for streams shown as blue lines on United
States Geologic Survey (USGS) quadrangle maps or, in accordance with the Jordan Lake
Rules (15A NCAC 02B .0267(4)), for those streams shown on a Natural Resources
Conservation Service Soil (NRCS) Map, or for streams the origin of which was
determined in the field by a local government representative. Natalie Landry of
Chatham County visited the site, concurred with the new points of origins, and issued a
buffer determination on May 7, 2014.
- The applicant explored various options for configuration of the mine and stockpile areas
to reduce the impact to aquatic resources and was able to completely avoid impacts in
the stockpile area while reducing the impacts in the mine area.
- The extension of the mine area will result in impacts to 292,433 square feet of zone -1
and zone -2 buffers and will require compensatory mitigation payments equivalent to
695,376 square feet. 3M has reservation letters from a private mitigation bank
(Restoration Systems, LLC) and the North Carolina Division of Mitigation Services (DMS,
formerly Ecosystem Enhancement Program) for purchase of mitigation credits. No
impacts to surface waters or buffers will be made until mitigation requirements are
satisfied.

Decision:
Based on the information submitted, the County supports this request for a Major Variance
from the Ordinance because practical difficulties or unnecessary hardships are present; the
harmony and spirit of buffer protection requirements are met; and the protection of water
quality and substantial justice has been achieved as required in Section 507(B)(2)(a) of the 2014
Chatham County Watershed Protection Ordinance provided the below mentioned conditions or
stipulations are required. If the Water Quality Committee approves this request for a Major
Variance from the Jordan Lake Riparian Area Protection Rules, the County recommends
approval with the following conditions or stipulations [pursuant to 507(8)(3)1:
• Mitigation
o Provide mitigation for the proposed impacts by purchasing 695,376 square feet
of buffer credits from Restoration Systems, LLC and NC Division of Mitigation
Services as indicated in their application
• This major variance shall only apply to the applicant for the specific property and for
specific uses identified in the applicant's supporting information.
• This major variance shall only apply if DENR and ACOE allow impacts to the streams
associated with the subject buffers.
Recommendation was approved by the Chatham County Watershed Review Board by a vote
of 9 -in favor, 1- abstain, 0- against on 04/21/20015.

Watershed Review Board Meeting
Chatham County Watershed Protection Ordinance
Major Variance Request for Riparian Buffer Impacts
April 21, 2015
Subject: Variance Request for Chatham County Watershed Protection Ordinance for
Riparian Buffer Impacts in the Jordan Lake Watershed.
Background:
The proposed Pittsboro Mine extension project area is comprised of two areas, a quarry
extension area to the north of the existing quarry, and excavated materials stockpile extension
area to the east and north of the existing stockpile.
3M owns and operates the Pittsboro Mine, which consists of a quarry, a roofing shingle granule
manufacturing facility, and an excavated materials stockpile area. The facility is located on
approximately 2,200 acres of land in Pittsboro and Moncure, NC owned by 3M. Within the
2,200 -acre tract approximately 2,039 acres have been permitted as a mine by the North
Carolina Division of Energy, Minerals, and Land Resources (DEMLR), with 495 acres currently
allowed to be disturbed by the mining operation.
The facility extracts a green - colored andesite mineral from the quarry, crushes it onsite, and
coats and colors it to support the manufacture of asphalt shingles for the roofing industry. Luck
Stone, Inc., a subcontractor to 3M, is responsible for quarry operations at the Pittsboro Mine
and sells some of the quarried rock not usable by 3M as aggregate for a variety of uses
including concrete and asphalt. Soil overlying the andesite ore reserve and off - specification rock
is transported and stored above -grade in the stockpile area.
3M wishes to extend the mining operation beyond the 495 -acre mining limit boundary to
continue extraction from the mineral reserves currently known to exist within the permitted
Pittsboro Mine area. Specifically, 3M is proposing to extend the existing quarry and its
associated perimeter berm by approximately 173 acres and the existing stockpile by
approximately 218 acres. Extension of the quarry area would result in the unavoidable removal
of some streams, a pond, and associated buffers. Proposed removal of these buffers requires a
buffer variance prior to any activity.

The Ordinance:
Section 304(J) 5. of the Watershed Protection Ordinance states:
Variances. Persons who wish to undertake prohibited uses may pursue a variance in accordance
with the requirements of § 507(B) of this Ordinance, except that:
(b) With respect to granting a major variance from the Jordan Lake watershed buffer
requirements, once the Watershed Review Board sends the preliminary record to the
Environmental Management Commission in accordance with § 507(B)(6) the Environmental
Management Commission's decision process for such buffer variance shall control if different
than specified in § 507(B)(6).
Findings:
- The Chatham County Watershed Protection Ordinance Section 304(J)5 provides for an
applicant to request a Major Variance for prohibited uses within the buffer, which
would be considered by the County Watershed Review Board. Pursuant to the request
for Major Variance, the Watershed Review Board scheduled a meeting for Tuesday April
21, 2015 at 6:30pm to hear the request.
- A Watershed Protection Ordinance Variance Request Application was submitted by 3M
Company. The application provided all required information including a site plan and a
detailed description of the proposed variance.
- The Pittsboro Mine qualifies as an existing lot, as defined by Chatham County's 2014
Watershed Protection Ordinance. The property was purchased by 3M with the intent of
developing a mine prior to the inception of the Jordan Buffer Rules. As such, 3M is
responsible for protection of 50 foot buffers for streams shown as blue lines on United
States Geologic Survey (USGS) quadrangle maps or, in accordance with the Jordan Lake
Rules (15A NCAC 02B .0267(4)), for those streams shown on a Natural Resources
Conservation Service Soil (NRCS) Map, or for streams the origin of which was
determined in the field by a local government representative. Natalie Landry of
Chatham County visited the site, concurred with the new points of origins, and issued a
buffer determination on May 7, 2014.
- The applicant explored various options for configuration of the mine and stockpile areas
to reduce the impact to aquatic resources and was able to completely avoid impacts in
the stockpile area while reducing the impacts in the mine area.
- The extension of the mine area will result in impacts to 292,433 square feet of zone -1
and zone -2 buffers and will require compensatory mitigation payments equivalent to
695,376 square feet. 3M has reservation letters from a private mitigation bank
(Restoration Systems, LLC) and the North Carolina Division of Mitigation Services (DMS,
formerly Ecosystem Enhancement Program) for purchase of mitigation credits. No
impacts to surface waters or buffers will be made until mitigation requirements are
satisfied.

Decision:
Based on the information submitted, the County supports this request for a Major Variance
from the Ordinance because practical difficulties or unnecessary hardships are present; the
harmony and spirit of buffer protection requirements are met; and the protection of water
quality and substantial justice has been achieved as required in Section 507(B)(2)(a) of the 2014
Chatham County Watershed Protection Ordinance provided the below mentioned conditions or
stipulations are required. If the Water Quality Committee approves this request for a Major
Variance from the Jordan Lake Riparian Area Protection Rules, the County recommends
approval with the following conditions or stipulations [pursuant to 507(8)(3)1:
• Mitigation
o Provide mitigation for the proposed impacts by purchasing 695,376 square feet
of buffer credits from Restoration Systems, LLC and NC Division of Mitigation
Services as indicated in their application
• This major variance shall only apply to the applicant for the specific property and for
specific uses identified in the applicant's supporting information.
• This major variance shall only apply if DENR and ACOE allow impacts to the streams
associated with the subject buffers.
Recommendation was approved by the Chatham County Watershed Review Board by a vote
of 9 -in favor, 1- abstain, 0- against on 04/21/20015.

DAN J. LAM 0NTAGNE, PE
PUBLIC WORKS DIRECTOR
P.O. Box 910
CHATHAM COUNTY Pittsbo o, NC 27312
NORTH C A R O L I N N A
PRONE: (919) 545 -8531
l E -mail: dan.lamontagne @chathamnc.org • Website: www.chathamnc.org
April 8, 2015
Dear Adjacent Property Owner:
Please allow this letter to serve as notification that there will be a meeting of the Chatham County
Watershed Review Board on Tuesday, April 21, 2015 beginning at 6:30 pm., in the Second floor
conference room at 964 East St., Pittsboro, North Carolina. The purpose of the hearing is to receive
sworn testimony on a stream buffer variance application as described below:
A notice has been filed with the Chatham County Watershed Administrator to review
a stream buffer variance application. The properties where the variance is requested
are identified as Parcels No. 11005, 10992, 11014 and 11026 located at 4191 Highway 87
South, Moncure, NC, owned by 3M Company or Minnesota Mining and
Manufacturing Company.
If you have any questions concerning this matter, please do not hesitate to contact me.
Sincerely,
COUNTY OF CHATHAM
Dan J. LaMontagne, P.E.
Watershed Administrator
I1:
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Notice of Public Hearing Addresses:
Pittsboro Town Manager — Bryan
PO Box 759
Pittsboro, NC 27312
Gruesbeck
Williams Logging Inc./Mr.
Richard Williams
2371 Charlie Brooks Rd.
Moncure, NC 27599
Mr. Charlie Brooks/Ms. Rachel
1179 Charlie Brooks Rd.
Moncure, NC 27599
Brooks
Mr. Jerry Anthony Lowe
1457 Charlie Brooks Rd.
Moncure, NC 27599
Ms. Ruby Johnson/Mr. Jessie
Johnson/Mr. Frances Meeks/Mr.
1246 Charlie Brooks Rd.
Moncure, NC 27599
Allen Jenks
....... .... . ......... -... . ......
1, Wendy Paschal, mailed the notice of hearing to the above addresses on April 9, 2015.
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Signature j