Minutes 09/08/1981 - Laserfiche WebLink

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September 8, 1981 'A RESOLUTION GRANTING A USE PEPuMIT TO PORTSMOUTH PORT AND AND M. SHA~ER ASSOCIATES, INC., TO OPERATE A COAL LOADING LOCATED IN THE PINNERS POINT AREA NORTH OF SCOTTS CREEK. INDUSTRIAL COMMISSION FACILITY ON PROPERTY WHEREAS, Portsmouth Port and Industrial Commissmon, by M. Shawver Associates, Inc., holder, has made application pursuant to Section 40-69[b) of the Code of the City of Portsmouth, Virginia, 1973, for the granting of a use permit as hereinafter-described; and WHEREAS, the applicant and the Planning Director have done all things required to be done in connection with said application. NOW, THEREFORE, BE IT RESOLVED by the Ccuncil of the City of Portsmouth, Virginia: 1. That the use for which the use permit hereinafter is sought: (a) Will not adversely affect the health and safety of persons residing and working in the neighborhood of the proposed use; (b) Will not be detrimental to the public use or injurious to the property or improvements ~n the neighborhood; and (c) Will be in accord with the purposes of the Zoning Chapter of the City Code. 2. That the Portsmouth Port and Industrial Commission and M. Shawver Associates, Inc., are hereby granted a use permit pursuant to Section 40-69(b) of the Code of the City of Portsmouth, Virginia, 1973, to operate a coal loading facility on the property described in "Exhibit A" attached hereto. optic 3. This use permit is approved subject so the following conditions: (a) The coal loading facility will have a maximum capacity of five million tons (5,000,000) per year. (b) The coal loading facility will be constructed and operated in accordance with the document entitled "Proposal For Portsmouth Coal Terminal At Pinners Point", dated June 9, 1981, unless otherwise modified by ccnditions contained herein or by a proposed alternative acceptable to the City of Portsmouth or its designated representative. (c[ The coal loading facility shall and conditions of a lease agreement entered trial Commission and M. Shawver Associates, be operated in accordance with the terms into by and between Portsmouth Port and Indus- Inc. (d) The execution of an agreement ~o be entered into by and between the City of Portsmouth and Portsmouth Port and Industrial Commission for the administration of the lease agreement entered into By and between Portsmouth Port and Industrial Commission and M. Shawver Associates, Inc. (e) The operators shall present an operational plan acceptable to the City of Portsmouth or its designated representative which plan shall address the construction, maintenance and operation of the facility, the environmental controls~to be provided to avoid any negative environmental impact of the facility and the movement of rail traffic through the City and within the por~' area in a manner which will result in a minimum of interference with vehicular traffic. The plan shall include, bu~ not be limited to, the lowing: Manager of ~o require corrective fol - (1) If violations of the use permit and. or the operational plan occur the City the City of Portsmouth, or his designated representative, shall be empowered that operation of the facility or any part thereof, be discontinued until proper action has been taken. (2)~.,The spray system will be sized to add additional sprays, at the dump or other locations, if required to reduce the dust to the level of opacity as cited in the Virginia State Air Pollution Control Board Permit. The operazor shall have a self-monitoring plan set up to assure that this level of opaciny is not reached, and if it is reached, operations shall be discontinued until proper corrective action has been taken. (3) The dump building shall be lined with sound absorbing panels or with fire retardant foam to reduce the noise level of car shake out units. to collect installed (4) The groundwater sump in the dump building, whose primary function is groundwater around the pit and thereby lower the hydrostatic pressure, shall in a pit sealed to prevent contamination by coal dust and other spillage. be (S] Provisions shall be made to spray a crusting or binding agent on the coal snorage pile if the opacity reaches or is expected to reach, due to forecasted high winds, the opacity level cited in the Virginia State Air Pollution Control Board Permit. (6) The operator shall monitor the settlement pond discharge system and stream by routine sampling and analysis to insure that it meets the quality of effluent water as stated in the NPDES Permit. This monitoring shall include, but not necessarily be limited to, monitoring at least one time each month for the following: